Legal Opinion
Fritzhand v. Discover Financial Services, Inc.
New York Supreme Court
Decided June 30, 2005Published
1Opinion of the Court
OPINION OF THE COURT
William R. LaMarca, J.
*651Defendant, Discover Financial Services, Inc. (hereinafter referred to as Discovercard), moves for an order, pursuant to CPLR 3211 (a) (5) and 3212, dismissing the complaint sounding in negligence as barred by the statute of limitations. Plaintiff, Todd B. Fritzhand, opposes the motion which is determined as follows:
Background
This cause of action arises from an alleged “identity theft” which is a relatively new and profound problem for the person whose identity has been stolen.
Plaintiff relates that, in late 2000 or 2001, he was telephoned by a…
2Cases cited18 opinions
- Andre v. PomeroyNew York Court of Appeals · 1974
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
- Ayotte v. GervasioNew York Court of Appeals · 1993
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