1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 151 A.D.3d
  5. 151 A.D.3d 650 (2017)
 

CALIFORNIA CAPITAL EQUITY, LLC v. IJKG, LLC

4174. 652373/15.

151 A.D.3d 650 (2017)

2017 NY Slip Op 05312

54 N.Y.S.3d 578

CALIFORNIA CAPITAL EQUITY, LLC, Appellant, v. IJKG, LLC, Respondent/Third-Party Plaintiff-Respondent, et al., Defendant. ABRAXIS BIOSCIENCE, LLC, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 29, 2017.

The doctrine of equitable recoupment, as codified in CPLR 203 (d), applies to IJKG's counterclaim for tortious interference with its contractual right of first offer, which otherwise would be barred under the applicable three-year statute of limitations (CPLR 214 [4]). The doctrine permits a defendant to seek equitable recoupment in an otherwise untimely defense or counterclaim, if it arises from the transactions, occurrences, or series of transactions or occurrences alleged...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases