Practice point: The nature of the relief sought in a declaratory judgment action dictates the limitations period.
Practitioners should note that, if plaintiff could have commenced an action against the defendant corporation to recover damages for fraud, the limitations period is six years from the time of the fraud, or two years from the time the fraud was, or could have been, discovered.
Case: Waldman v. 853 St. Nicholas Realty Corp., NY Slip Op 05769 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Spoilation.
