GORDON v. CURTIS

1762, 112926/07

68 A.D.3d 549 (2009)

2009 NY Slip Op 9304

893 N.Y.S.2d 6

ANTHONY GORDON et al., Appellants, v. CHRIS CURTIS, Respondent, et al., Defendants.

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

Decided December 15, 2009.


Plaintiff's fraud cause of action is barred by the statute of limitations. Plaintiffs claim that they did not discover the alleged fraud until late 2006 or early 2007 and could not with reasonable diligence have discovered it sooner (see CPLR 213 [8]). However, only a few months after their application to purchase a cooperative apartment was rejected, in 1998, plaintiffs were approved for the purchase of another apartment in the building. Although this sequence of...

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