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PATE v. PATE

17 A.D.3d 334 (2005)

791 N.Y.S.2d 849

LOUIS PATE, Appellant, v. JOHN PATE et al., Respondents.

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

April 4, 2005.

Ordered that the order is affirmed, with costs.

The plaintiff's cause of action to impose a constructive trust is governed by the six-year statute of limitations of CPLR 213 (1), which started to run from the date the defendants allegedly repudiated the agreement to transfer the subject property (see Krauss v Iliescu, 259 A.D.2d 468 [1999]; Sitkowski v Petzing, 175 A.D.2d 801 [1991...

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