Legal Opinion
Miller v. Polow
Appellate Division of the Supreme Court of the State of New York
Decided January 11, 2005PublishedCited by 13 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered August 11, 2003, denying defendant-appellant’s motion for summary judgment dismissing the amended complaint as to him as barred by the statute of limitations, unanimously affirmed, without costs.
An action for an actual fraudulent conveyance under Debtor and Creditor Law § 276 must, like other actions based on fraud, be commenced within six years from the date of the fraud, or within two years after the plaintiff discovered the fraud, or could with reasonable diligence have discovered it, whichever is longer (CPLR 203 [g];…
2Cases cited4 opinions
- Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
- Erbe v. Lincoln Rochester Trust Co.New York Court of Appeals · 1957
- K&E Trading & Shipping, Inc. v. Radmar Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Avalon LLC v. Coronet Properties Co.Appellate Division of the Supreme Court of the State of New York · 2003
3Cited by13 opinions
- Saphir International, SA v. UBS PaineWebber Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Mills v. Everest Reinsurance Co.District Court, S.D. New York · 2006
- Coyle v. LefkowitzAppellate Division of the Supreme Court of the State of New York · 2011
- Citicorp Trust Bank v. MakkasAppellate Division of the Supreme Court of the State of New York · 2009
- Messer v. Collins (In re Collins)United States Bankruptcy Court, E.D. New York · 2015
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