GOLDRING v. GOLDRING


290 A.D.2d 365 (2002)

737 N.Y.S.2d 36

MARIETTA S. GOLDRING, Appellant, v. GEORGE E. GOLDRING, Respondent.

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

Decided January 29, 2002.


The action, which was commenced in June 2000 and seeks to set aside a 1987 separation agreement on the ground of fraud, is barred by the six-year statute of limitations (CPLR 213 [8]), and is not saved by the two-year discovery rule (CPLR 203 [g]). In the latter regard, plaintiff asserts that she discovered the alleged fraud when defendant filed for bankruptcy in 1996. Assuming in plaintiff's favor that she was automatically stayed from commencing this action during the pendency...

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