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KOHAN v. NEHMADI

15585, 104185/11

130 A.D.3d 429 (2015)

14 N.Y.S.3d 4

2015 NY Slip Op 05780

SHAHRAM KOHAN, Respondent, v. BEHZAD NEHMADI et al., Appellants.

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

Decided July 2, 2015.

The court properly found that plaintiff's causes of action for an accounting and a constructive trust were not time-barred. The statute of limitations for those claims are six years (CPLR 213 [1]; Knobel v Shaw, 90 A.D.3d 493, 493 [1st Dept 2011]). A claim for an accounting accrues when there is an open repudiation of the fiduciary's obligation (Evangelista v Mattone,

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