Cushman & Wakefield sought to be dismissed from the suit, claiming it did not inflate its appraisal of the value of the project or offer false guidance on the height-limit question, but a federal judge in Pennsylvania disagreed and recently refused to remove the firm as defendants in the case.
The latest plan of attack? Arguing that once the suit was moved to Pennsylvania, it was barred by the state’s two-year statute of limitations.
Berger’s side argues that since the lawsuit was originally filed in New York, that state’s six-year statute of limitation should govern. “A six-year statute of limitations applies to this action, and there is no legal basis for applying Pennsylvania’s two-year statute of limitations” the plaintiffs allege. “This conclusion is surely bolstered by the fact that defendants waited some four and one half years to raise an issue they maintain is disposed of by choice of law and not dependent on factual discovery.”
(Berger et al. v. Cushman & Wakefield of Pennsylvania Inc. et al., case number 2:13-cv-05195, U.S. District Court for the Eastern District of Pennsylvania.)
