Fitzgerald v. Title Guarantee & Trust Co.

This is an appeal by plaintiffs pursuant to leave of this court from a unanimous judgment of the Appellate Division, Second Department, affirming the judgment and order of Special Term, granting defendant’s motion to dismiss the complaint on the ground that the action was barred by the Statute of Limitations.

The amended complaint alleges that the testatrix of plaintiffs agreed to purchase from defendant certain mortgage certificates; that the agreement was induced by false and fraudulent representations of itemized facts; that the representations were known to defendant to be false and were…