TaiLexi AI U.S. Case Law

Marasa v. Andrews

Salvatore Marasa, Appellant-Respondent v. John Andrews, and Donald Fiore, Individually and as Trustee for the Susan M. Fiore Revocable Trust, Formerly Known as the Susan M. Fiore Irrevocable Trust

Marasa v. Andrews, 69 A.D.3d 584 (2010)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
January 5, 2010
Citations
69 A.D.3d 584892 N.Y.2d 494

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

An action to recover damages for fraud must be commenced within “the greater of six years from the date the cause of action accrued or two years from the time the plaintiff . . . discovered the fraud, or could with reasonable diligence have discovered it” (CPLR 213 [8]; see CPLR 203 [g]). For the purposes of the discovery rule, a plaintiffs cause of action accrues “at the time the plaintiff ‘possesses knowledge of facts from which the fraud could have been discovered with reasonable diligence’ ” (Oggioni v Oggioni, 46 AD3d 646, 648 [2007], quoting Town of Poughkeepsie v Espie, 41 AD3d 701, 705 [2007]).

Here, the fraud allegedly occurred in June 1999, and the plaintiff possessed knowledge of facts from which he could have discovered it by November 2004. Nevertheless, he did not commence this action until May 2007. Consequently, the Supreme Court properly granted those branches of the defendants’ respective motions which were for summary judgment dismissing the complaint as time-barred.

*585 In light of the foregoing, the defendants’ remaining contentions are academic. Fisher, J.E, Covello, Santucci and Balkin, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

2012: 12015: 12018: 22019: 12020: 12021: 12023: 120122026peak 2018 · 2

Relies on it most ⓘ

  1. Essepian v. United Group of Cos., Inc.60 Misc. 3d 1217A
  2. Koch v. Christie's International PLC699 F.3d 141 (2d Cir. 2012)
  3. Coleman v. Wells Fargo & Co.125 A.D.3d 716 (2015)
  4. Odierna v. RSK, LLC2019 NY Slip Op 2531
  5. Monaco v. Van Meerendonk2021 NY Slip Op 00428
  6. O'Brien v. County of Nassau2018 NY Slip Op 5774

Most recent

  1. Foley v. Union De Banques Arabes Et FrancaisesNo. 1:22-cv-01682 (S.D.N.Y. July 20, 2023)
  2. Monaco v. Van Meerendonk2021 NY Slip Op 00428
  3. Grabis v. Navient Solutions, LLCNo. 15-01420 (Bankr. S.D.N.Y. Dec. 11, 2020)
  4. Odierna v. RSK, LLC2019 NY Slip Op 2531
  5. O'Brien v. County of Nassau2018 NY Slip Op 5774
  6. Essepian v. United Group of Cos., Inc.60 Misc. 3d 1217A

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Town of Poughkeepsie v. Espie, 41 A.D.3d 701 (2007) 23
Oggioni v. Oggioni, 46 A.D.3d 646 (2007) 20

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list