Proforma Partners, L.P v. Skadden Arps Slate Meagher & Flom, L. L. P.
Opinion of the Court
—Order, Supreme Court, New York County (Herman Cahn, J.), entered October 18, 1999, which granted defendants’ motions for summary judgment dismissing plaintiff’s complaints in the above-captioned actions as time-barred, and judgment, same court and Justice, entered October 27, 1999, which dismissed the complaint against defendant Skadden Arps Slate Meagher & Flom, L. L. P., unanimously affirmed, with one bill of costs.
When a nonresident sues in New York’s courts on a cause of action accruing outside New York, CPLR 202, the so-called “borrowing statute,” requires that the cause of action be timely under the limitation periods of both New York and the jurisdiction where the claim arose (see, Global Fin. Corp. v Triarc Corp., 93 NY2d 525, 528). Generally, “a cause of action [sounding in tort] accrues at the time and in the place of the injury,” and “[w]hen an alleged injury is purely economic, the place of injury usually is where the plaintiff resides and sustains the economic impact of the loss” (Global Fin. Corp. v Triarc Corp., supra, at 529), and a partnership’s legal residence is where it maintains its principal place of business (see, Ackerman v Price Waterhouse, 252 AD2d 179, 192, n 5).
Applying the foregoing principles, it is clear that, for
We have considered plaintiffs remaining arguments and find them unavailing. Concur — Rosenberger, J. P., Mazzarelli, Wallach, Saxe and Buckley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.