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TAMPA v. DELACRUZ

2009-08027.

77 A.D.3d 910 (2010)

910 N.Y.S.2d 497

ANN TAMPA, Respondent, v. JOSE DELACRUZ et al., Appellants.

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

Decided October 26, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

"`A cause of action to impose a constructive trust is governed by a six-year statute of limitations and begins to accrue upon the occurrence of the wrongful act giving rise to a duty of restitution and not from the time the facts constituting the fraud are discovered'" (Auffermann v Distl, 56 A.D.3d 502, 502 [2008], quoting Reiner v Jaeger,<...

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