The claim is untimely under the governing three-year limitations period. The essence of plaintiffs' allegations is not that the defendant was an active participant in an alleged fraudulent scheme, but that he endorsed it rather than opposed it. Any fraud allegations are, at most, incidental to the fiduciary duty claim. The fiduciary tolling doctrine is inapplicable here, as plaintiffs seek money damages, rather than an accounting or equitable relief.
Habberstad v. Revere Sec. LLC, NY Slip Op 03071 (1st Dep't May 28, 2020)
Here is the decision.
