Kosachuk v. Selective Advisors Group, LLC

Filing 103

ORDER: Accordingly, this action is time-barred. It is hereby ORDERED that this action is dismissed. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Denise L. Cote on 10/14/2020) (jca)

Case 1:19-cv-04844-DLC Document 103 Filed 10/14/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------- X
:
CHRIS KOSACHUK,
:
:
Plaintiff,
:
:
NLG, LLC,
:
:
Intervenor,
:
:
-v:
:
SELECTIVE ADVISORS GROUP, LLC,
:
:
Defendant.
:
:
--------------------------------------- X

19cv4844 (DLC)
ORDER

An Opinion of September 30, 2019 granted Selective Advisors
Group, LLC’s motion to dismiss this action, holding that this
Court lacked subject matter jurisdiction pursuant to the RookerFeldman doctrine, or, in the alternative, because this action is
time-barred.

Kosachuk v. Selective Advisors Grp., LLC, 2019 WL

4805742, at *1 (S.D.N.Y. Sept. 30, 2019).

A subsequent order

denied Chris Kosachuk’s motion for reconsideration.

Kosachuk v.

Selective Advisors Grp., LLC, 2019 WL 5965217, at *1 (S.D.N.Y.
Nov. 13, 2019).
On September 15, 2020, the Second Circuit Court of Appeals
vacated in part and affirmed in part the September 30 Order
dismissing the case.

Kosachuk v. Selective Advisors Grp., LLC,

2020 WL 5523521, at *3 (2d Cir. Sept. 15, 2020).

The Court of

Appeals held that, although the Rooker-Feldman doctrine did not
deprive this Court of jurisdiction, this action was nonetheless

Case 1:19-cv-04844-DLC Document 103 Filed 10/14/20 Page 2 of 2

untimely.

Id. at *2-3.

The Court of Appeals remanded the

action to this Court with instructions to dismiss the case as
untimely.

Id. at *3.

The mandate returning jurisdiction to

this Court was issued on October 8, 2020.
Under New York law, a plaintiff must bring “an action based
upon fraud” within “the greater of six years from the date the
cause of action accrued or two years from the time the plaintiff
or the person under whom the plaintiff claims discovered the
fraud, or could with reasonable diligence have discovered it.”
N.Y. C.P.L.R. 213(8).

Kosachuk seeks to void a New York state

court judgment entered in February 2012 on the basis that the
judgment was fraudulently obtained.
judgment by at least March 13, 2013.

Kosachuk was aware of that
Nevertheless he did not

file this action until May 24, 2019, long after the statute of
limitations had lapsed.
barred.

Accordingly, this action is time-

It is hereby

ORDERED that this action is dismissed.

The Clerk of Court

is directed to close this case.
SO ORDERED:
Dated:

New York, New York
October 14, 2020
____________________________
DENISE COTE
United States District Judge

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