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Cause of Action Accruing Outside New York Brought by a Nonresident Deemed Untimely—Relevant Law Explained

In finding an action brought by a nonresident based upon a cause of action which accrued outside New York untimely, the Second Department explained the applicable law:

” [W]hen a nonresident sues on a cause of action accruing outside New York, CPLR 202 requires the cause of action to be timely under the limitation periods of both New York and the jurisdiction where the cause of action accrued'” … . When borrowing the foreign jurisdiction’s statute of limitations, its tolling provisions are also borrowed … .

Here, it is undisputed that the applicable limitations period is three years under either New York law or Kazakh law (see CPLR 214[2]; Kazakh Civil Code Article 178). In general, “the applicable Statute of Limitations is triggered once a cause of action accrues” … . “A cause of action accrues, for the purpose of measuring the period of limitations, when all of the facts necessary to the cause of action have occurred so that the party would be entitled to obtain relief in court'” …. An action to recover for a liability created or imposed by statute must be instituted “according to the language of the statute generating the liability” … . Grynberg v Giffen, 2014 NY Slip Op 04901, 2nd Dept 7-2-14

 

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