Kaufman v. Cohen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Gonzalez, J.
This appeal requires us to determine whether a three-year *115or six-year statute of limitations applies to a cause of action by two partners against a third partner for breach of fiduciary duty arising from the misappropriation of a partnership business opportunity where the complaint alleges, inter alia, actual fraud by the third partner and seeks both legal and equitable relief. As we find that a six-year statute of limitations and a discovery accrual rule applies to plaintiffs’ breach of fiduciary duty claim, we find that cause of action to be timely. We…
2Cases cited39 opinions
- Simonds v. SimondsNew York Court of Appeals · 1978
- Wight v. BankAmerica Corp.Court of Appeals for the Second Circuit · 2000
- Arrington v. New York Times Co.New York Court of Appeals · 1982
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Jered Contracting Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1968
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3Cited by441 opinions
- Lerner v. Fleet Bank, N.A.Court of Appeals for the Second Circuit · 2006
- In Re: Sharp International Corp. & Sharp Sales Corp., Debtors. Sharp International Corp., Debtor-Appellant v. State Street Bank and Trust CompanyCourt of Appeals for the Second Circuit · 2005
- Cohen v. S.A.C. Trading Corp.Court of Appeals for the Second Circuit · 2013
- IDT Corp. v. Morgan Stanley Dean Witter & Co.New York Court of Appeals · 2009
- Johnson v. Nextel Communications, Inc.Court of Appeals for the Second Circuit · 2011
436 more not listed; retrieve them via the Exa API.