PERCOCO v. LESNAK


24 A.D.3d 427 (2005)

806 N.Y.S.2d 674

DOUGLAS PERCOCO, Appellant, v. JANICE LESNAK, Respondent.

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

December 5, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint based on the applicable statute of limitations (see CPLR 213 [8]; 203 [g]). Where, as here, "rescission is sought on the ground of actual fraud, the Statute of Limitations is six years from the commission of the fraud or two years from when the plaintiff discovered or should have discovered...

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