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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46377 Judge Straniere PLAINTIFF’S MAY 2003 action sought recovery of money allegedly given to defendant to invest in a taxi medallion. He alleged that defendant, with whom he was to be a partner in the medallion, agreed to repay him. Plaintiff claimed that it was not until June 2001 that he realized that defendant had not repaid him. Defendant sought dismissal of plaintiff’s action as time-barred by the six-year limitations period for breach of contract. The court denied dismissal. On review of the complaint and the parties’ affidavits, the court found that plaintiff stated a cause of action for fraud, since he claimed that he was led to believe that he would be a partner in the taxi medallion and repaid from the taxi business’ proceeds. Applying Civil Practice Law and Rules ��213(8) and 203(g), the court held that the statute of limitations began from the date that plaintiff should have discovered the fraud or actually discovered it. The court said a fact question existed as to when plaintiff discovered or could have discovered the fraud.

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