FRANCESKIN v. MEISCHENGUISER


277 A.D.2d 118 (2000)

717 N.Y.S.2d 38

GUILLERMO V. FRANCESKIN, Appellant, v. CARLOS MEISCHENGUISER, Respondent.

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

Decided November 21, 2000.


It is undisputed that this action to recover for allegedly wrongful transfers of plaintiff's funds from accounts bearing the names of both plaintiff and the decedent, Eugenio Durante, to accounts bearing the decedent's name only, is time-barred unless defendant is estopped from invoking the Statute of Limitations by reason of the decedent's fraudulent concealment of the disputed transfers. Because plaintiff alleges no sustainable claim of fraudulent concealment, his action...

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