Legal Opinion

Nall v. Estate of Powell

Appellate Division of the Supreme Court of the State of New York

Decided October 2, 2012Published

1Opinion of the Court

*412The complaint is untimely under the four-year California statute of limitations governing contract actions (see CPLR 202). Plaintiff Nall is a California resident, and the economic impact of her claimed injury was sustained in that state (see Global Fin. Corp. v Triarc Corp., 93 NY2d 525 [1999]). Nall’s attempt to carve out a real estate transfer exception to the general rule articulated in Global Fin. Corp. is unpersuasive. Plaintiffs contend that the parties had a reasonable time to close after the scheduled December 31, 2004 closing date set forth in their term sheet agreement because the…

2Cases cited7 opinions

  1. Global Financial Corp. v. Triarc Corp.New York Court of Appeals · 1999
  2. Thompson v. CooperAppellate Division of the Supreme Court of the State of New York · 2005
  3. Pitcock v. Kasowitz, Benson, Torres & Friedman, LLPAppellate Division of the Supreme Court of the State of New York · 2011
  4. Nova v. Jerome Cluster 3, LLCAppellate Division of the Supreme Court of the State of New York · 2007
  5. Naval v. American Arbitration Ass'nAppellate Division of the Supreme Court of the State of New York · 2011

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