Lim v. Kolk

Order, Supreme Court, New York County (Ellen M. Coin, J), entered October 19, 2012, which, insofar as appealed from, denied so much of defendant James J. Cox’s (defendant) motion to dismiss the fraud and aiding and abetting breach of fiduciary duty claims against him on statute of limitations grounds (CFLR 3211 [a] [5]), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

As this Court previously held, “the fraud cause of action accrued in December 2005 when the last allegedly fraudulent check was issued from the…