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HERMAN v. 36 GRAMERCY PARK REALTY ASSOCIATES, LLC

15536, 652700/12

131 A.D.3d 422 (2015)

14 N.Y.S.3d 691

2015 NY Slip Op 06479

ROSEMARIE A. HERMAN et al., Appellants-Respondents, v. 36 GRAMERCY PARK REALTY ASSOCIATES, LLC, et al., Respondents-Appellants, J. MAURICE HERMAN, Intervenor-Respondent-Appellant, et al., Defendants.

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

Decided August 11, 2015.

Because the underlying fraud, constructive fraud and breach of fiduciary duty claims against Michael Offit in his capacity as trustee, brought in a related action, had not accrued until his resignation as trustee less than six years before this action was commenced (see Matter of Barabash, 31 N.Y.2d 76, 81 [1972]), the conspiracy cause of action that depended on those claims was timely. However, the cause of action insofar as it...

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