The Supreme Court of the State of New York, New York County (Kornreich, J.), granted the Firm’s motion to dismiss today, dismissing as time-barred an action alleging that its client, the principal of an investment firm, had engaged in fraud, breached fiduciary duties and committed RICO violations in connection with investments made through his firm in 2006. Plaintiffs had brought similar claims against the Firm’s client in an earlier action in the state of Florida, which claims had also been dismissed. Plaintiffs argued that, pursuant to a provision of New York’s civil practice law, they had a six month window after the dismissal to re-file the action in New York, irrespective of the applicable statutes of limitations. At a hearing on the motion, the Court adopted the Firm’s position that the provision relied upon by plaintiffs did not apply when the previously-dismissed action had been brought outside the state of New York.
