Appellate Practice Attorney serving New York, NY
It is possible that bringing a suit many years after the statute of limitations had passed could be considered malicious prosecution, especially if the same claim had previously been dismissed on limitations grounds. It is also possible that, if the claim is obviously time-barred, a Court may sanction the plantiff and/or his/her attorney for prosecuting a frivolous action. Barring such egregious circumstances, however, I don't think you have a case.
Answered on Mar 12th, 2014 at 3:48 PM