Gordon v. Curtis

*550Plaintiffs fraud cause of action is barred by the statute of limitations. Plaintiffs claim that they did not discover the alleged fraud until late 2006 or early 2007 and could not with reasonable diligence have discovered it sooner (see CPLR 213 [8]). However, only a few months after their application to purchase a cooperative apartment was rejected, in 1998, plaintiffs were approved for the purchase of another apartment in the building. Although this sequence of events should fairly have aroused their suspicion, plaintiffs, who as shareholders in the cooperative were in a position to try to…