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M & T MORTGAGE CORPORATION v. HOLLAND

287 A.D.2d 695 (2001)

732 N.Y.S.2d 181

M & T MORTGAGE CORPORATION, Respondent, v. CHARLES HOLLAND, Appellant, et al., Defendant.

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

Decided October 29, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The court properly determined that the appellant's counterclaim alleging fraud was time-barred by the six-year Statute of Limitations. The appellant had knowledge of sufficient facts at the time of the alleged misrepresentation to put him on notice of any potential claims based on fraud (see, CPLR 213 [8]; Neuhs v Ingersoll Rand Co., 115 A.D.2d 187

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