Appellate Division of the Supreme Court of New York, 2015

Cali v. Savino

Appellate Division of the Supreme Court of New York · Decided April 2, 2015 · No. 14693 304456/13 · Mazzarelli, Sweeny, Degrasse, Feinman, Gische

127 A.D.3d 404; 4 N.Y.S.3d 499

Cases that cite this one

1 later published case cites this decision.

Matter of Glyka Trans, LLC v. City of New York (Appellate Division of the Supreme Court of New York 2018)

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

Order, Supreme Court, Bronx *405 County (Wilma Guzman, J.), entered March 7, 2014, which granted defendants’ motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion denied.

The fiduciary duty claims here sound in fraud, and thus the two year discovery rule of CPLR 213 (8) applies to this action (see Kaufman v Cohen, 307 AD2d 113, 122 [1st Dept 2003]). Under the circumstances of this case, and at this pleading stage, it was error for the IAS court to conclude as a matter of law that the case was barred by the statute of limitations.

Concur — Mazzarelli, J.R, Sweeny, DeGrasse, Feinman and Gische, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.