DI FIORE v. SIBLEY, LINDSAY & CURR CO.


93 A.D.2d 973 (1983)

Ben A. Di Fiore, Appellant, v. Sibley, Lindsay & Curr Company, Respondent

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

April 1, 1983


Judgment unanimously affirmed, with costs.

Memorandum:

The action was properly dismissed as time barred, since the summons and complaint, alleging fraud, were served eight years after the commission of the act and two and one-half years after discovery of the alleged fraud. The Statute of Limitations for fraud is six years from the commission of the act, or two years from the actual or imputed discovery of the fraud (CPLR 213, subd 8; 203, subd [f]; Smith...

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