MICHAEL v. ROUFEH

2007-1272 Q C.

2008 NY Slip Op 51686 (U)

HESKEL S. MICHAEL, Appellant, v. VIVIAN ROUFEH, Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 30, 2008.


Plaintiff commenced this action to recover $8,800 that he claims he loaned defendant, his niece, when she was in financial need. Defendant does not dispute that plaintiff gave her money, but maintains that it was a gift. As the most recent transaction being sued upon occurred on April 22, 1999, more than six years before plaintiff commenced the instant action on March 17, 2006, the action is barred by the six-year statute of limitations (CPLR 213; see also CPLR 206...

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