Fitzgerald v. Fitzgerald

Mercure, J.P.

Appeal from an order of the Supreme Court (Bradley, J.), entered July 23, 2003 in Ulster County, which, inter alia, granted defendant Leon T. Fitzgerald’s motion to dismiss the complaint as time-barred.

Plaintiff alleges that on July 10, 1990, his brother, defendant Leon T. Fitzgerald (hereinafter defendant), forged the signature of decedent, their father, on a general power of attorney form and subsequently used this document to withdraw funds from decedent’s bank accounts. Plaintiff ultimately commenced this action in 1998 against defendant and Amelia M. Gritman, a notary public…