Litigation serves not only as a constant reminder of what can happen if things go wrong but also as one of the main drivers of best practices. The body of case law generated through litigation can and should inform the way business is conducted, contracts are negotiated and terms are enforced. In this way, the ripples from litigation extend far beyond just the facts of a single case.

This four-part series will examine how litigation impacts various aspects of practice in the real estate industry. It will also explore how even well-informed parties (and their counsel) frequently trip up by not anticipating how New York's courts will apply the law in their situation. This first article in the series will discuss some of the hazards of statutes of limitations, which have an appearance of simplicity that can be deceptive.

Statutes of limitations are obviously very important in litigation. But it is dangerous to wait until filing a lawsuit to consider the applicable statutes of limitations. Courts regularly dismiss cases where plaintiffs expected a longer limitations period to govern. Likewise, defendants can find themselves on the hook for claims they may have thought were time-barred long ago. Here are some reasons why that happens.