(DOWNLOAD) "Robert v. Rafter v. Manufacturers Trust Co. Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Robert v. Rafter v. Manufacturers Trust Co. Et Al.
- Author : Supreme Court of New York
- Release Date : January 10, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The pertinent limitations statute (Civ. Prac. Act, § 48, subd. 5) provides, in effect, that a cause of action for damages for fraud is barred six years after plaintiff's discovery of the facts constituting the fraud. Insofar as the individual defendants are concerned, the allegations of the complaint clearly demonstrate plaintiff's knowledge of such facts for a period more than six years prior to the commencement of this action. The cause of action against the individual defendants is, therefore, barred (Kelly v. City of New York, 276 App. Div. 540, affd. 302 N. Y. 589). Plaintiff's later discovery of the defendant Trust Company's participation in the alleged fraud and conspiracy did not revive the cause of action against the individual defendants (Sielcken-Schwarz v. American Factors, 265 N. Y. 239). Disposition Order modified, on the law, by striking out the second and third decretal paragraphs which denied the motion of the individual defendants and directed them to serve their answer, and by substituting a paragraph granting said motion. As so modified, the order, insofar as appealed from, is affirmed, without costs, with leave to the defendant Trust Company to serve an answer within 20 days after entry of the order hereon.
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