RITE AID CORPORATION v. GRASS


48 A.D.3d 363 (2008)

854 N.Y.S.2d 1

RITE AID CORPORATION et al., Appellants, v. ALEX GRASS et al., Respondents. (And Another Action.)

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

Decided February 28, 2008.


A cause of action in fraud must be commenced within six years of the date of the fraudulent act, or within two years of the date the fraud was, or with reasonable diligence could have been, discovered (CPLR 213 [8]). An inquiry as to the time a reasonably diligent plaintiff could have discovered the fraud "turns upon whether a person of ordinary intelligence possessed knowledge of facts from which the fraud could be reasonably inferred" (Ghandour v Shearson Lehman Bros...

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