Practice point: The time period for fraud is the greater of six years from the cause of action's accrual, or two years from the time the plaintiff discovered, or could have discovered, the fraud, pursuant to CPLR 213[8].
Students should note that an action alleging unjust enrichment and seeking a constructive trust must be commenced within six years of the wrongful act giving rise to a duty of restitution.
Case: Coombs v. Jervier, NY Slip Op 04727 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
