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STATE OF NEW YORK v. SEVENTH REGIMENT FUND

51 A.D.3d 463 (2008)

857 N.Y.S.2d 547

STATE OF NEW YORK, Respondent, v. SEVENTH REGIMENT FUND, Appellant.

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

Decided May 6, 2008.

The trial court fairly interpreted the evidence in finding that defendant had failed to carry its burden, as the party asserting the statute of limitations, of proving that defense (see New York City Campaign Fin. Bd. v Ortiz, 38 A.D.3d 75, 80 [2006]). In finding defendant to be a bona fide purchaser of the subject property so that plaintiff's conversion claim accrued upon demand and refusal in 1996, rather than at an earlier juncture...

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