A court may dismiss a claim if parties assert the claim beyond the statutory time limit. CPLR §3211(a)(5) authorizes the Court to dismiss a cause of action on the ground that “a relevant statute of limitations has expired.” I recently briefed this in the context of a GBL §349 claim for consumer deception where the claim was asserted more than 3 years after the alleged act.
The Statute of Limitations for GBL § 349 is governed by New York CPLR §214(2). Corsello v. Verizon New York, Inc., 18 N.Y.3d 777, 789 (2012). “That claim [, GBL §349] is subject to the three-year limitations period imposed by CPLR 214(2), which applies to actions ‘to recover upon a liability . . . created or imposed by statute.’” Id. Accrual for a claim under GBL §349 begins once a “plaintiff has been injured by a deceptive act or practice violating [GBL] section 349.” Gaidon v. Guardian Life Ins. Co. of Am., 96 N.Y.2d 201, 210 (2001).
If you have any legal questions or need help with a statute of limitations, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.
