Erbe v. Lincoln Rochester Trust Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBastow, J.
The supplemental complaint in this action has been dismissed upon the ground that it pleads a cause of action for breach of fiduciary duty that is barred by the Statute of Limitations (Civ. Prac. Act, § 53). The amended complaint has been heretofore passed upon (3 N Y 2d 321). Therein it was *212held (p. 325) that “ despite the allegations of fiduciary relationship and the breach thereof, there are other allegations which, expressly and by fair and reasonable intendment, are sufficient to make the action one to procure a judgment on the ground of fraud within the contemplation of subdivision 5 of…
2Cases cited35 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Seaver v. . RansomNew York Court of Appeals · 1918
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Patterson v. HewittSupreme Court of the United States · 1904
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3Cited by52 opinions
- Saylor v. LindsleyCourt of Appeals for the Second Circuit · 1968
- In Re Investors Funding Corp., Etc.District Court, S.D. New York · 1980
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- Twersky v. Yeshiva UniversityDistrict Court, S.D. New York · 2014
- Cabrini Medical Center v. DesinaNew York Court of Appeals · 1985
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