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STATE v. BRONXVILLE GLEN I ASSOCS.

174 A.D.2d 357 (1991)

State of New York, Respondent, v. Bronxville Glen I Associates et al., Appellants, et al., Defendants

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

June 6, 1991

The sole issue presented on this appeal is the applicable statute of limitations for an action by the Attorney-General pursuant to the Martin Act (General Business Law art 23-A) alleging investor fraud. We hold that the applicable period of limitation is six years pursuant to CPLR 213 (8), and not three years pursuant to CPLR 214.

An action must be commenced within three years pursuant to CPLR 214 (2) if it is based on a...

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