STERN v. BARNEY

15546, 153313/12

129 A.D.3d 619 (2015)

12 N.Y.S.3d 74

2015 NY Slip Op 05586

SIMCHA STERN et al., Appellants, v. MORGAN STANLEY SMITH BARNEY, Formerly DEAN WITTER REYNOLDS, et al., Respondents.

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

Decided June 25, 2015.


Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered May 10, 2013, which granted defendants' motion to dismiss on the basis of the statute of limitations, unanimously affirmed, with costs.

Plaintiffs' fraud claims arose more than 10 years before the commencement of this action. As such, plaintiffs had to show that they could not have discovered the fraud two years prior to this action, by the exercise of reasonable diligence (CPLR 213 [8]). Here...

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