KENNY v. RBC ROYAL BANK


22 A.D.3d 385 (2005)

803 N.Y.S.2d 49

DENIS D. KENNY, Appellant, v. RBC ROYAL BANK, Respondent.

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

October 20, 2005.


The court properly dismissed plaintiff's claims against defendant for fraud and breach of fiduciary duty as barred by the statute of limitations (see CPLR 213 [8]; 203 [g]). The alleged fraudulent act occurred in late 1982 when plaintiff invested in a tax shelter. Plaintiff admittedly had knowledge of the purported fraud in 1994, but did not commence the instant action until November 2003. Similarly, plaintiff's cause of action alleging violations of the Racketeer...

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