Rivera v. Viera

Appellate Division of the Supreme Court of New York

Rivera v. Viera

246 A.D.2d 432, 666 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 346

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

DecidedJanuary 20, 1998

StatusPublished

This text of 246 A.D.2d 432 (Rivera v. Viera) 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

Rivera v. Viera, 246 A.D.2d 432, 666 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 346 (N.Y. Ct. App. 1998).

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Opinion

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered September 16, 1996, which, insofar as appealed from as limited by defendants’ brief, upon a search of the record, dismissed defendant Arthur Ramos’ counterclaim for conversion as barred by the Statute of Limitations, unanimously affirmed, with costs.

The counterclaim is for conversion, and is barred by the three-year limitations period of CPLR 214 (3). We reject defendant’s argument that his pleading alleges a breach of fiduciary duty by an attorney to his client to which the six-year limitations period of either CPLR 213 (1) or (2) applies. Concur—Sullivan, J. P., Ellerin, Nardelli and Tom, JJ.

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Order, Supreme Court, Bronx County (Bertram Katz, J.), entered September 16, 1996, which, insofar as appealed from as limited by defendants’ brief, upon a search of the record, dismissed defendant Arthur Ramos’ counterclaim for conversion as barred by the Statute of Limitations, unanimously affirmed, with costs.

The counterclaim is for conversion, and is barred by the three-year limitations period of CPLR 214 (3). We reject defendant’s argument that his pleading alleges a breach of fiduciary duty by an attorney to his client to which the six-year limitations period of either CPLR 213 (1) or (2) applies. Concur—Sullivan, J. P., Ellerin, Nardelli and Tom, JJ.

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Bluebook (online)

246 A.D.2d 432, 666 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-viera-nyappdiv-1998.