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BOARD OF MANAGERS OF SOCIETY HILL II AT WESTCHESTER CONDOMINIUM ASSOCIATION, INC. v. K. HOVNANIAN COMPANIES OF NEW YORK, INC.

271 A.D.2d 388 (2000)

705 N.Y.S.2d 633

BOARD OF MANAGERS OF SOCIETY HILL II AT WESTCHESTER CONDOMINIUM ASSOCIATION, INC., Appellant, v. K. HOVNANIAN COMPANIES OF NEW YORK, INC., et al., Defendants, and DOLPH ROTFELD et al., Respondents.

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

Decided April 3, 2000.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not err in its determination, made after a hearing, that the plaintiff's eighth cause of action to recover damages for fraud and misrepresentation was time-barred insofar as asserted against the defendants Dolph Rotfeld and Dolph Rotfeld Engineering, P. C. The plaintiff knew of, or with the exercise of reasonable diligence should have discovered, the facts underlying that cause...

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