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HELFAND v. SESSLER

194 Misc.2d 38 (2002)

753 N.Y.S.2d 300

MARGARET HELFAND, Plaintiff, v. PAUL SESSLER, Defendant.

Civil Court, New York County.

June 26, 2002.

Attorney(s) appearing for the Case

Sessler & Sessler LLP, New York City (Jennifer R. Sessler of counsel), for defendant.

Kucker & Bruh, New York City (Melissa T. Modarressi of counsel), for plaintiff.

OPINION OF THE COURT

LUCY BILLINGS, J.

This action seeks to recover $18,919.77 that plaintiff paid a former tenant of premises plaintiff purchased from defendant October 6, 1987. Defendant moves to dismiss plaintiff's claims for fraud and unjust enrichment as barred by the applicable statutes of limitations. (CPLR 3211 [a] [5].)

I. Background

On October 6, 1987, plaintiff and her partners...

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