Baker v. Bank of America, N.A.
706 F. App'x 43
| 2d Cir. | 2017Background
- Mark Baker (pro se) sued Bank of America alleging breach of contract and related state-law claims for failing to follow a repayment schedule, which he says forced him into bankruptcy in May 2009.
- Baker filed the action in September 2015; the District Court dismissed the amended complaint with prejudice on October 31, 2016 for failure to state a timely claim.
- The District Court concluded the claims were time-barred and that Baker did not establish grounds for equitable tolling.
- On appeal Baker argued the District Court should have considered whether his physical disability entitled him to equitable tolling.
- The Second Circuit reviewed the equitable tolling decision for abuse of discretion and applied New York tolling rules for state-law claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suit was time-barred | Baker argued tolling should apply so his 2015 suit is timely | BOA argued statute of limitations expired and no tolling applies | Court affirmed dismissal as untimely |
| Whether physical disability supports equitable tolling under New York law | Baker contended his physical disability warrants equitable tolling | BOA maintained physical disability does not trigger tolling absent inability to function | Court held physical disability alone does not invoke tolling and Baker showed capacity to assert rights |
| Whether extraordinary circumstances and diligence were shown to justify tolling | Baker argued circumstances prevented timely filing over six years | BOA argued no extraordinary circumstances and lack of reasonable diligence | Court found Baker failed to show extraordinary circumstances or reasonable diligence; tolling denied |
Key Cases Cited
- Torres v. Barnhart, 417 F.3d 276 (2d Cir. 2005) (standard of review for equitable tolling decisions)
- Wallace v. Kato, 549 U.S. 384 (2007) (state tolling rules generally govern state-law claims)
- Schermerhorn v. Metro. Transp. Auth., 156 F.3d 351 (2d Cir. 1998) (state-law tolling rules apply to state-law claims)
- McCarthy v. Volkswagen of Am., Inc., 55 N.Y.2d 543 (1982) (New York tolling for insanity limited to inability to function in society)
- Walker v. Jastremski, 430 F.3d 560 (2d Cir. 2005) (elements of equitable tolling: extraordinary circumstances and reasonable diligence)
- Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (equitable tolling is to be applied sparingly)