Practice point: A claim for the imposition of a constructive trust is governed by the six-year statute of limitations, pursuant to CPLR 213(1).
Students should note that the statute begins to run at the time of the wrongful conduct or event giving rise to a duty of restitution.
Case: Klamar v. Marsans, NY Slip Op 09474 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
