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MATTER OF GAGLIONE v. SAM'S BARGAIN CENTER, INC.

283 A.D.2d 645 (2001)

725 N.Y.S.2d 868

In the Matter of MERNA GAGLIONE, Appellant, v. SAM'S BARGAIN CENTER, INC., Doing Business as SAM'S B.C. NURSERIES, Respondent.

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

Decided May 29, 2001.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the petitioner's claims for actual and constructive fraud were barred by the Statute of Limitations (see, Liberty Co. v Boyle, 272 A.D.2d 380; Fandy Corp. v Lung-Fong Chen, 262 A.D.2d 352; Wall St. Assocs. v Brodsky, 257 A.D.2d 526, 530). There...

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