Legal Opinion

Braitman v. Vasile

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 1998Published

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated at Supreme Court (Stander, J.). We add only that any cause of action against defendant Chase Lincoln First Bank, N. A., accrued in March 1990 when the alleged misappropriation of partnership funds occurred and is time-barred because plaintiff did not commence this action until November 1996. There was no concealment of the alleged misappropriation, which was recorded in the checkbook register and the account statement of the partnership. Plaintiff, as a member of the partnership, is presumed to know the…

2Cases cited3 opinions

  1. Hotopp v. . HuberNew York Court of Appeals · 1899
  2. Flour City National Bank v. WidenerNew York Court of Appeals · 1900
  3. Rosen v. Morben Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

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