Legal Opinion
Gaglione v. Sam's Bargain Center, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 2001PublishedCited by 3 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR 5239 to vacate an execution of a judgment against certain real property, the appeal is from a judgment of the Supreme Court, Suffolk County (D’Emilio, J.), entered June 13, 2000, which, inter alia, denied the petition and dismissed the proceeding as time-barred.
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly determined that the petitioner’s claims for actual and constructive fraud were barred by the Statute of Limitations (see, Liberty Co. v Boyle, 272 AD2d 380; Fandy Corp. v Lung-Fong Chen, 262 AD2d 352; Wall St. Assocs. v…
2Cases cited5 opinions
- Wall Street Associates v. BrodskyAppellate Division of the Supreme Court of the State of New York · 1999
- Buttles v. SmithNew York Court of Appeals · 1939
- Fandy Corp. v. Lung-Fong ChenAppellate Division of the Supreme Court of the State of New York · 1999
- Liberty Co. v. BoyleAppellate Division of the Supreme Court of the State of New York · 2000
- Kasinski v. QuestelAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by3 opinions
- Island Holding, LLC v. O'BrienAppellate Division of the Supreme Court of the State of New York · 2004
- Ehrler v. CataffoAppellate Division of the Supreme Court of the State of New York · 2007
- Finnerty v. KristiansenAppellate Division of the Supreme Court of the State of New York · 2009