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Daily Archives: Friday, May 21, 2021

Posted: May 21, 2021

Tolling of Statute of Limitations Against Fiduciary Based on Fiduciary’s Concealment of Facts Cannot Be Based on Same Conduct That is the Basis for the Cause of Action

On May 7, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in F.W. Sims, Inc. v. Simonelli, 2021 NY Slip Op. 50410(U), holding that the tolling of the statute of limitations against a fiduciary based on the fiduciary’s concealment of information cannot be based on the same conduct that forms the... Read more »