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ALDRICH v. MARSH & McLENNAN COMPANIES, INC.

52 A.D.3d 435 (2008)

861 N.Y.S.2d 30

GEORGE ALDRICH et al., Appellants, v. MARSH & McLENNAN COMPANIES, INC., et al., Respondents.

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

Decided June 26, 2008.

Plaintiffs do not have a right to a jury trial on the issue of whether their fraud claims are barred by the two-year imputed discovery time limitation in CPLR 203 (g) (cf. Nussbaum v Steinberg, 269 A.D.2d 192 [2000] [plaintiff not entitled to a jury trial on whether plaintiff was under disability of insanity so as to toll statute of limitations, and for what period of time]). On the merits, a finding that plaintiffs were on inquiry...

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