SCHMERTZ v. FRIEDLANDER


36 A.D.2d 606 (1971)

Frances Schmertz, Respondent, v. Martin Friedlander et al., Appellants, et al., Defendant

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

February 25, 1971


The first cause of action, sounding in fraud, and commenced on September 30, 1969, is based on a stock sale agreement dated March 28, 1958, at or before which time the cause of action accrued. Even allowing for the unpersuasive claim of mental illness tolling the statute, the action is time-barred pursuant to CPLR 208. Further, since the circumstances sustain only constructive fraud, the statute runs from the accrual of the cause of action. (CPLR 213, subd. 1; 208.) Even...

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