BOYCE v. RINEHART


263 A.D.2d 377 (1999)

693 N.Y.S.2d 115

LORRAINE BOYCE, Appellant, v. GEORGINA H. RINEHART et al., Respondents.

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

Decided July 8, 1999.


We find that plaintiff's claim against the estate is not time-barred, having accrued in 1992, not 1987 as the motion court found, and that her claim against the cooperative defendant has yet to accrue. We agree with the parties that the applicable Statute of Limitations for this declaratory judgment action is the six-year provision of CPLR 213.

The July 1987 letter from the cooperative defendant to plaintiff did not commence the running of the Statute of Limitations...

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