Commercial Litigation and Arbitration

Statute of Limitations — Complaint Dismissed without Prejudice Does Not Toll Limitations Period as a Matter of Federal Law

From Kucher v. Alternative Treatment Center of Paterson, LLC, 2009 U.S. Dist. LEXIS 36737 (E.D.N.Y. March 27, 2009):

In the event of a dismissal without prejudice, the limitations period in this case would be considered to have expired in 2008 [for one claim] since such a dismissal negates the tolling effected by the commencement of the action. See Cardio-Medical Assoc., Ltd. v. Crozer-Chester Med. Ctr., 721 F.2d 68, 77 (3d Cir. 1983) ("It is a well recognized principle that a statute of limitations is not tolled by the filing of a complaint subsequently dismissed without prejudice. As regards the statutes of limitations, the original complaint is treated as if it never existed.")

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