Legal Opinion
De Vito v. New York Central System
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1965PublishedCited by 16 opinions
1Opinion of the CourtMcNally, J.
In this action to recover damages for common-law fraud, Special Term properly held on a motion addressed to the complaint alone that the time limited for the commencement of the action is to be computed from the time plaintiff discovered or could with reasonable diligence have discovered the fraud. (CPLR 206, subd. [c].)
The complaint alleges defendant represented it did not own or maintain the site of the occurrence; that the representation was false and made with the intent to induce the plaintiff not to institute a suit in negligence against the defendant within the time limited therefor…
2Cases cited5 opinions
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Nasaba Corp. v. Harfred Realty Corp.New York Court of Appeals · 1942
- Carr v. . ThompsonNew York Court of Appeals · 1881
- Engel v. . FischerNew York Court of Appeals · 1886
- Alexander v. AndersonAppellate Division of the Supreme Court of the State of New York · 1944
3Cited by16 opinions
- Meese v. MillerAppellate Division of the Supreme Court of the State of New York · 1981
- Paul Benjamin West v. The Western Casualty and Surety Company, a Corporation, DefendantCourt of Appeals for the Seventh Circuit · 1988
- Powers Mercantile Corp. v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1985
- Jordan v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Madison Consultants v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1983
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