Tick Tock, Tick Tock, 4 Month Statute of Limitations is a Powerful Board Defense (NY)

Most lawsuits challenging the propriety of decisions by cooperative and condominium boards are subject to a four-month statute of limitations. So if a complainant doesn’t start a lawsuit within four months of the board decision, they are time barred. Thus, boards have a solid statute of limitations defense unless a plaintiff acts really quickly. If sued past the four months, the board can move for dismissal and if presented properly, the lawsuit should be dismissed. It is critical for boards to maintain substantial records of such business decisions in minutes so that the timing for the four month start can be established and when suit is filed, help counsel present an effective dismissal motion.     Read the article……………………………………