Breach of Fiduciary Duty Claims Get Six-Year Limitation Period Even Without Separate Cause of Action for Actual Fraud

I have explained the many benefits of alleging fraud claims, including how the period of time in which to bring a claim can be extended on other causes of action besides fraud when fraudulent conduct is alleged as part of those other causes of action. See Actual Fraud Extends Statute of Limitations for Breach of Fiduciary Duty Claims; Fraud Breathes New Life Into Otherwise Time-Barred Causes of Action. That is, when actual fraudulent conduct is at the heart of the facts that form an independent cause of action (rather than merely incidental to it), the special treatment that fraud gets will apply to the other causes of action, including the extended two-year discovery period or the lengthier period of limitations.

A new decision of the New York Appellate Division, First Department, sustains claims for breach of fiduciary duty by applying a six-year statute of limitations period even though there was not a separate cause of action for fraud alleged against those defendants: Board of Mgrs. of the 443 Greenwich St. Condominium v SGN 443 Greenwich St. Owner LLC, 2024 NY Slip Op 00450 (1^st Dep’t Decided Feb. 1, 2024).

Read the full blog here.