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COLE M.D. v. FURMAN

285 A.D.2d 982 (2001)

727 N.Y.S.2d 684

RICHARD A. COLE, M.D., Appellant, et al., Plaintiff, v. WENDY FURMAN et al., Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided July 3, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendants' motion seeking dismissal of the complaint as time-barred (see, CPLR 3211 [a] [5]). The causes of action based on fraud had to be asserted either within six years of the alleged fraud or within two years of the date on which the alleged fraud was or could with reasonable diligence have been discovered (see, CPLR 203 [g]; 213 [8]). The alleged fraud...

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