Legal Opinion

Finnerty v. Kristiansen

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 2009Published

1Opinion of the Court

In an action pursuant to Debtor and Creditor Law article 10 to set aside certain transfers as fraudulent, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Rebolini, J), dated December 4, 2007, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the plaintiffs *677causes of action alleging actual and constructive fraud were barred by the statute of limitations (see Matter of Gaglione v Sam’s Bargain Ctr., 283 AD2d 645 [2001]; Liberty Co. v Boyle, 272…

2Cases cited5 opinions

  1. Wall Street Associates v. BrodskyAppellate Division of the Supreme Court of the State of New York · 1999
  2. Buttles v. SmithNew York Court of Appeals · 1939
  3. Fandy Corp. v. Lung-Fong ChenAppellate Division of the Supreme Court of the State of New York · 1999
  4. Liberty Co. v. BoyleAppellate Division of the Supreme Court of the State of New York · 2000
  5. Gaglione v. Sam's Bargain Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

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