MIDDENDORF v. AMERICAN NUMISMATIC SOCY.

Index No. 159534/21. Appeal No. 16456. Case No. 2022-02140.

209 A.D.3d 534 (2022)

176 N.Y.S.3d 44

2022 NY Slip Op 05796

J. William Middendorf II, Appellant, v. The American Numismatic Society, Respondent.

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

Decided October 18, 2022.


Attorney(s) appearing for the Case

Olsoff| Cahill| Cossu LLP, New York ( John R. Cahill of counsel), for appellant.

DLA Piper LLP (US), New York ( Scott R. Wilson of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, Mendez, JJ.


Order, Supreme Court, New York County (David B. Cohen, J.), entered April 21, 2022, which, to the extent appealed from as limited by the briefs, granted defendant's motion to dismiss the claim for replevin, unanimously affirmed, without costs.

The court correctly determined that plaintiff's claim was time-barred. The statute of limitations for replevin claims is three years, and a claim "against a good faith purchaser accrues once the true owner makes a demand and...

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