Elghanayan v. Victory

Orders, Supreme Court New York County (Carmen Beau-champ Ciparick, J.), entered on or about February 28, 1992, which denied defendants-appellants’ motions to dismiss the complaint pursuant to CPLR 3211 (a) (1), (2), (3), (5), (7) and (10) and 3016 (b), unanimously affirmed, with costs.

The Statute of Limitations with respect to the cause of action sounding in constructive fraud and seeking an accounting by reason of defendants’ alleged conversion and breach of fiduciary duty has not expired as it did not begin to run on the date of the alleged wrongdoing, but rather on the date of discovery…