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DE VITO v. NEW YORK CENT. SYS.

22 A.D.2d 600 (1965)

Angelo J. De Vito, Respondent, v. New York Central System, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 1, 1965.

Attorney(s) appearing for the Case

Jerome H. Shapiro of counsel (Gerald E. Dwyer, attorney), for appellant.

Daniel E. Nastro of counsel (Anthony J. De Vito, attorney), for respondent.

BREITEL, J. P., and VALENTE, J., concur with McNALLY, J.; EAGER, J., dissents in opinion in which STEVENS, J., concurs.

McNALLY, J.

In this action to recover damages for common-law fraud, Special Term properly held on a motion addressed to the complaint alone that the time limited for the commencement of the action is to be computed from the time plaintiff discovered or could with reasonable diligence have discovered the fraud. (CPLR 206, subd. [c].)

The complaint alleges defendant represented it did not own or maintain...

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