May 9, 2011

Fraud.

Practice point: The action must be commenced within six years of the fraud, or within two years from the time the plaintiff discovered it, or, with reasonable diligence, could have.

Students should note that plaintiff will be held to have discovered the fraud when it is established that he was possessed of facts from which the fraud could reasonably be inferred.

Gorelik v. Vorhand, NY Slip Op 03207 (2d Dept. 2011).


Tomorrow's issue is depositions.