Legal Opinion

Hillman v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 26, 1999PublishedCited by 12 opinions

1Opinion of the Court

—In an action to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated May 23, 1997, which granted the defendants’ motion to dismiss the complaint as time-barred.

Ordered that the order is affirmed, with costs.

The Statute of Limitations for a cause of action sounding in fraud is six years from the wrong, or two years from the date the fraud could reasonably have been discovered, whichever is later (see, CPLR 203 [g]; 213 [8]; Lefkowitz v Appelbaum, 258 AD2d 563; Shannon v Gordon, 249 AD2d 291; Baratta v ABF Real Estate Co., 215…

2Cases cited3 opinions

  1. Rodriguez v. BrownAppellate Division of the Supreme Court of the State of New York · 1999
  2. Shannon v. GordonAppellate Division of the Supreme Court of the State of New York · 1998
  3. Baratta v. ABF Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by12 opinions

  1. Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007
  2. Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007
  3. Kermanshah v. KermanshahDistrict Court, S.D. New York · 2008
  4. Sabbatini v. GalatiAppellate Division of the Supreme Court of the State of New York · 2007
  5. Siler v. Lutheran Social Services of Metropolitan New YorkAppellate Division of the Supreme Court of the State of New York · 2004

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