Banker v. Vitanza

In an action to recover damages for fraud, the defendants separately appeal from an order of the Supreme Court, Putnam County (Lubell, J.), dated April 25, 2013, which denied their separate motions pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against each of them as barred by the applicable statute of limitations.

Ordered that the order is reversed, on the law, with one bill of costs, and the defendants’ separate motions to dismiss the complaint insofar as asserted against each of them are granted.

A cause of action alleging fraud must be commenced within six years…