Legal Opinion
Pate v. Pate
Appellate Division of the Supreme Court of the State of New York
Decided April 4, 2005PublishedCited by 6 opinions
1Opinion of the Court
In an action, inter alia, for the imposition of a constructive trust, the plaintiff appeals from an order of the Supreme Court, Richmond County (Vitaliano, J.), dated June 30, 2004, which granted the defendants’ motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that it was time-barred.
Ordered that the order is affirmed, with costs.
The plaintiffs cause of action to impose a constructive trust is governed by the six-year statute of limitations of CPLR 213 (1), which started to run from the date the defendants allegedly repudiated the agreement to transfer the subject…
2Cases cited5 opinions
- Sitkowski v. PetzingAppellate Division of the Supreme Court of the State of New York · 1991
- Park Associates v. Crescent Park Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Krauss v. IliescuAppellate Division of the Supreme Court of the State of New York · 1999
- Serrone v. Jamaica HospitalAppellate Division of the Supreme Court of the State of New York · 1997
- Hersh v. BusmanAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by6 opinions
- Malmsteen v. BERDON, LLPDistrict Court, S.D. New York · 2007
- Coombs v. JervierAppellate Division of the Supreme Court of the State of New York · 2010
- Soscia v. SosciaAppellate Division of the Supreme Court of the State of New York · 2006
- McGovern v. SolomonDistrict Court, S.D. New York · 2006
- Ackerman v. AckermanDistrict Court, S.D. New York · 2012
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