BANKER v. VITANZA

2013-06311

115 A.D.3d 690 (2014)

981 N.Y.S.2d 621

2014 NY Slip Op 1566

BROOKS BANKER, Respondent, v. SALVATORE VITANZA et al., Appellants.

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

Decided March 12, 2014.


In an action to recover damages for fraud, the defendants separately appeal from an order of the Supreme Court, Putnam County (Lubell, J.), dated April 25, 2013, which denied their separate motions pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against each of them as barred by the applicable statute of limitations.

Ordered that the order is reversed, on the law, with one bill of costs, and the defendants' separate motions to dismiss the...

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