Rabito v. Tonetti

Full title: ANTHONY RABITO et al., Appellants, v. JOSEPH C. TONETTI et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 14, 1998

253 A.D.2d 750 (N.Y. App. Div. 1998)

677 N.Y.S.2d 493

Opinion

September 14, 1998

Appeal from the Supreme Court, Suffolk County (Floyd, J.).

Ordered that the order is affirmed, with costs.

Contrary to the appellants' contention, their complaint contains no cause of action based on fraud. Nothing in the record supports a finding that they have such a cause of action ( see, Estate of Boyd v. Gering, Gross Gross, 226 A.D.2d 489; Weiss v. Manfredi, 83 N.Y.2d 974). Hence, the rule under CPLR 213 (8) that a cause of action based on fraud accrues when the fraud is discovered is inapplicable.

The appellants' remaining contentions are without merit.

Bracken, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.