Stern v. Barney

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered May 10, 2013, which granted defendants’ motion to dismiss on the basis of the statute of limitations, unanimously affirmed, with costs.

Plaintiffs’ fraud claims arose more than 10 years before the commencement of this action. As such, plaintiffs had to show that they could not have discovered the fraud two years prior to this action, by the exercise of reasonable diligence (CPLR 213 [8]). Here, however, plaintiffs did not deny that they received monthly account statements, or assert that they inquired if no such statements…