Fitzgerald v. Fitzgerald
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court *852(Bradley, J.), entered April 9, 2002 in Ulster County, which granted a motion by defendants Amelia M. Gritman and Carol A. Curran to dismiss the complaint as time-barred.
Plaintiff alleges that on July 10, 1990, his brother, defendant Leon T. Fitzgerald, forged the signature of decedent, their father, on a document granting him general power of attorney and used this document to withdraw funds from decedent’s bank accounts. Decedent died one day later and, on July 18, 1990, plaintiff wrote a letter to his mother claiming that Fitzgerald fraudulently…
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