Dismissal of the petition on the ground that it was time-barred was properly denied as the action is governed by the 20-year limitations period for proceedings to enforce a judgment (CPLR 211 [b]). The court below properly found that petitioner's entitlement to the proceeds of the sale of stock is wholly independent of any underlying fraud by respondent. Thus, fraud is neither the essence of nor the basis for the remedy that petitioner seeks (see Powers Mercantile Corp...
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