Opinion
March 19, 1996
Appeal from the Supreme Court, New York County (Beverly Cohen, J.).
Giving the complaint every favorable intendment ( Underpinning Found. Constructors v Chase Manhattan Bank, 46 N.Y.2d 459, 462), there are at the very least questions of fact as to whether or not the parties' tolling agreement applies to this dispute, whether the release given by plaintiff to defendant covers this dispute, whether all of the alleged fraudulent acts were committed more than six years prior to the tolling agreement, and whether plaintiff discovered or should have discovered any of the alleged fraudulent acts more than two years prior to the agreement.
Concur — Milonas, J.P., Rosenberger, Ellerin, Rubin and Williams, JJ.