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EPIPHANY COMMUNITY v. LEVEY

654655/16, 6695.

171 A.D.3d 1 (2019)

94 N.Y.S.3d 1

2019 NY Slip Op 00842

EPIPHANY COMMUNITY NURSERY SCHOOL, Appellant, v. HUGH W. LEVEY et al., Respondents.

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

Decided February 5, 2019.

Attorney(s) appearing for the Case

Loeb & Loeb, LLP, New York City ( John A. Piskora , Jason R. Lilien and Helen Gavaris of counsel), for appellant.

Harter Secrest & Emery LLP, Rochester ( Peter H. Abdella , Samantha A. Maurer , Brian M. Feldman and Lauren R. Mendolera of counsel), for Hugh W. Levey and others, respondents.

Woods Oviatt Gilman LLP, Rochester ( Brian J. Capitummino of counsel), for Davie Kaplan CPA, P.C., respondent.

GISCHE and KERN, JJ., concur with SINGH, J.; FRIEDMAN, J.P., and TOM, J., dissent in an opinion by FRIEDMAN, J.P.

OPINION OF THE COURT

There are two central issues on this appeal. The first involves the application of the statute of limitations. The second is whether plaintiff has pleaded the element of justifiable reliance to support its cause of action sounding in fraud pertaining to unauthorized bank transfers made by defendants between...

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