Legal Opinion

Helfand v. Sessler

Civil Court of the City of New York

Decided June 26, 2002PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Lucy Billings, J.

This action seeks to recover $18,919.77 that plaintiff paid a former tenant of premises plaintiff purchased from defendant October 6, 1987. Defendant moves to dismiss plaintiff’s claims *39for fraud and unjust enrichment as barred by the applicable statutes of limitations. (CPLR 3211 [a] [5].)

I. Background

On October 6, 1987, plaintiff and her partners purchased a multiple dwelling at 32 East 38th Street, New York County, from defendant. At the time of the purchase, plaintiff was unaware that a tenant had filed a rent overcharge complaint against the owner. On…

2Cases cited13 opinions

  1. McDermott v. City of New YorkNew York Court of Appeals · 1980
  2. Golden Pacific Bancorp, Plaintiff-Counter-Defendant-Appellant v. Federal Deposit Insurance Corporation Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2001
  3. Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985
  4. Gaines v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1997
  5. Congregation Yetev Lev D'Satmar, Inc. v. 26 Adar N.B. Corp.Appellate Division of the Supreme Court of the State of New York · 1993

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3Cited by1 opinion

  1. In Re G-I Holdings, Inc.United States Bankruptcy Court, D. New Jersey · 2010

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