On its face the second cause of action pleaded is sufficient (Averbuck v. Averbuck, 270 App. Div. 116). In fraud cases the Statute of Limitations does not begin to run until the fraud is discovered. There is nothing in the second cause of action to indicate when the plaintiff may have discovered the fraud she alleges. She was not obliged, however, to negative the Statute of Limitations before the issue was raised. Since the alleged defect does not appear upon the face...
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