In re Wallace

Appellate Division of the Supreme Court of New York

In re Wallace

191 A.D.2d 638, 595 N.Y.S.2d 230, 1993 N.Y. App. Div. LEXIS 2623

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 22, 1993

StatusPublished

Cited by3 cases

This text of 191 A.D.2d 638 (In re Wallace) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Wallace, 191 A.D.2d 638, 595 N.Y.S.2d 230, 1993 N.Y. App. Div. LEXIS 2623 (N.Y. Ct. App. 1993).

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Opinion

—In a proceeding pursuant to SCPA 2103 to impose a constructive trust, the appeal is from an [639]*639order of the Surrogate’s Court, Richmond County (D’Arrigo, S.), dated February 20, 1991, which denied the appellants’ motion to dismiss the proceeding.

Ordered that the order is reversed, on the law, with costs payable by the respondent personally, the motion is granted, and the proceeding is dismissed.

An equitable claim for the imposition of a constructive trust is governed by the six-year Statute of Limitations set forth in CPLR 213 (1) (see, Dybowski v Dybowska, 146 AD2d 604), which runs from the time of the wrongful conduct or the event giving rise to a duty of restitution. The petitioner commenced the instant proceeding more than six years after the allegedly wrongful conduct had occurred. Therefore, the instant proceeding is time-barred. Thompson, J. P., Balletta, Rosenblatt and Eiber, JJ., concur.

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—In a proceeding pursuant to SCPA 2103 to impose a constructive trust, the appeal is from an [639]*639order of the Surrogate’s Court, Richmond County (D’Arrigo, S.), dated February 20, 1991, which denied the appellants’ motion to dismiss the proceeding.

Ordered that the order is reversed, on the law, with costs payable by the respondent personally, the motion is granted, and the proceeding is dismissed.

An equitable claim for the imposition of a constructive trust is governed by the six-year Statute of Limitations set forth in CPLR 213 (1) (see, Dybowski v Dybowska, 146 AD2d 604), which runs from the time of the wrongful conduct or the event giving rise to a duty of restitution. The petitioner commenced the instant proceeding more than six years after the allegedly wrongful conduct had occurred. Therefore, the instant proceeding is time-barred. Thompson, J. P., Balletta, Rosenblatt and Eiber, JJ., concur.

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Bluebook (online)

191 A.D.2d 638, 595 N.Y.S.2d 230, 1993 N.Y. App. Div. LEXIS 2623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wallace-nyappdiv-1993.

Opinion

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