DIOGUARDI v. GLASSEY


5 A.D.3d 430 (2004)

772 N.Y.S.2d 604

RICHARD DIOGUARDI, Appellant, v. GERALD GLASSEY et al., Respondents.

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

March 8, 2004.


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

Ths Supreme Court found that the plaintiff's action sounds in fraud, the fraud occurred in 1995, and the plaintiff discovered the fraud in February 2000. These findings are supported by the record, and are essentially unchallenged on appeal. The Supreme Court properly determined that the instant action, commenced in April 2002, was time-barred (see CPLR 203 [g]; 213 [8]).<...

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