Franceskin v. Meischenguiser

—Order, Supreme Court, New York County (Herman Cahn, J.), entered October 15, 1999, which granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

It is undisputed that this action to recover for allegedly wrongful transfers of plaintiff’s funds from accounts bearing the names of both plaintiff and the decedent, Eugenio Durante, to accounts bearing the decedent’s name only, is time-barred unless defendant is estopped from invoking the Statute of Limitations by reason of the decedent’s fraudulent concealment of the disputed transfers. Because…