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NEW YORK CITY TRANSIT AUTH. v. EISEN

203 A.D.2d 146 (1994)

610 N.Y.S.2d 236

New York City Transit Authority, Appellant-Respondent, v. Morris J. Eisen, P. C., et al., Respondents, and Joseph Napoli et al., Respondents-Appellants

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

April 19, 1994

We have recently held that the six-year Statute of Limitations for fraud actions (CPLR 213 [8]), not the three-year Statute for actions to recover a penalty or forfeiture imposed by statute (CPLR 214 [2]), controls a cause of action for treble damages under Judiciary Law § 487 (Guardian Life Ins. Co. v Handel, 190 A.D.2d 57, 62), and thus we modify to reinstate plaintiff's second cause of action.

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