Reiner v. Jaeger
Cases that cite this one
19 later published cases cite this decision.
- Dist. Attorney of N.Y. Cnty. v. Republic of the Phil. (District Court, S.D. Illinois 2018)
- City of Almaty v. Ablyazov (District Court, S.D. New York 2017)
- Cullin v. Lynch (Appellate Division of the Supreme Court of New York 2014)
- Cullin v. Lynch (Appellate Division of the Supreme Court of New York 2014)
- Tampa v. Delacruz (Appellate Division of the Supreme Court of New York 2010)
- Mahabir v. Snyder Realty Group, Inc. (Appellate Division of the Supreme Court of New York 2023)
- Collins-Genova v. Louros (Appellate Division of the Supreme Court of New York 2022)
- Seidenfeld v. Zaltz (Appellate Division of the Supreme Court of New York 2018)
- Sethi v. Morrissey (Appellate Division of the Supreme Court of New York 2013)
- Sethi v. Morrissey (Appellate Division of the Supreme Court of New York 2013)
- Pursnani v. Stylish Move Sportswear, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Bodden v. Kean (Appellate Division of the Supreme Court of New York 2011)
- Babu v. Consolidated Edison Co. of New York, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Coombs v. Jervier (Appellate Division of the Supreme Court of New York 2010)
- Guarino v. North Country Mortgage Banking Corp. (Appellate Division of the Supreme Court of New York 2010)
- Zane v. Minion (Appellate Division of the Supreme Court of New York 2009)
- Goco v. Ramnani (Appellate Division of the Supreme Court of New York 2009)
- Bobash, Inc. v. Festinger (Appellate Division of the Supreme Court of New York 2008)
- Auffermann v. Distl (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to impose a constructive trust on real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated August 21, 2007, which denied his motion to preliminarily enjoin the defendant from, inter alia, evicting him from the subject property and granted the defendant’s cross motion to dismiss the complaint as time-barred pursuant to CPLR 3211 (a) (5).
Ordered that the order is affirmed, with costs.
A cause of action to impose a constructive trust is governed by a six-year statute of limitations and begins to accrue “upon the occurrence of the wrongful act giving rise to a duty of restitution and not from the time the facts constituting the fraud are discovered” (Soscia v Soscia, 35 AD3d 841, 843 [2006] [internal quotation marks omitted]; see CPLR 213 [1]). Where, as here, the constructive trustee is alleged to have wrongly acquired the property, the accrual date is deemed to be the date of the alleged wrongful transfer of the property (see DeLaurentis v DeLaurentis, 47 AD3d 750 [2008]; Soscia v Soscia, 35 AD3d at 843; Pisciotto v Dries, 306 AD2d 262, 263 [2003]; Mazzone v Mazzone, 269 AD2d 574, 575 [2000]). Here, in support of her cross motion to dismiss the complaint pursuant to CPLR 3211 (a) (5), the defendant made a prima facie showing that the action was time-barred by establishing that the cause of action accrued on December 16, 1997, the date she allegedly wrongfully acquired the subject property solely in her name, rather than as a co-owner with the plaintiff (cf. Matter of Schwartz, 44 AD3d 779 [2007]; Swift v New York Med. Coll., 25 AD3d 686, 687 [2006]). Accordingly, the burden shifted to the plaintiff to “aver evidentiary facts establishing that the case falls within an exception to the Statute of Limitations” (Savarese v Shatz, 273 AD2d 219, 220 [2000] [internal quotations marks omitted]; see Swift v New York Med. Coll., 25 AD3d at 687).
In light of our determination, we need not address the plaintiffs remaining contentions. Fisher, J.P., Ritter, Dillon and McCarthy, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.