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DULL v. SOUTH NEW BERLIN VALLEY SUPPLY, INC.

80 A.D.2d 946 (1981)

Helen Dull, Individually and as Executrix of Robert P. Dull, Deceased, Appellant, v. South New Berlin Valley Supply, Inc., et al., Respondents, et al., Defendants

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

March 12, 1981

Defendants moved for summary judgment based in part upon the narrow ground that plaintiff was barred from asserting her causes of action sounding in fraud by the Statute of Limitations (see Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 3212:20, p 439). Special Term granted the motions, reasoning that since the record conclusively established that plaintiff discovered or with reasonable diligence could have discovered the fraud in 1972, more than...

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