The motion court erred in denying defendants' motions to dismiss the fraud claims as time-barred (see CPLR 3211 [a] [5]). The parties agree that the timeliness of the claims depends on whether plaintiff "discovered the fraud, or could with reasonable diligence have discovered it," more than two years before the filing of the complaint on June 18, 2013 (CPLR 213 [8]). The record demonstrates that plaintiff could, with reasonable diligence, have discovered the alleged...
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