GOLDSTEIN v. WINARD


173 A.D.2d 201 (1991)

Hannah Goldstein et al., Respondents, v. Arthur I. Winard, Appellant, et al., Defendant

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

May 7, 1991


Special Term properly denied defendant's motion to dismiss the causes of action alleging breach of fiduciary duty and constructive fraud, as barred by the six year Statute of Limitations, under CPLR 213 (1). Examination of the complaint discloses that it states a claim for actual fraud, such that the action should have been commenced within six years after commission of the fraud, or two years from the time plaintiff discovered...

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