New York Court of Appeals
Gustav Erbe, Jr. v. Lincoln Rochester Trust Company…
July 3, 19573 N.Y.2d 321
Summary
The New York Court of Appeals reversed the lower courts' dismissal of the fraud action, holding that the res judicata defense does not bar the claim and that the statute of limitations defense fails because the plaintiffs lacked knowledge of the alleged fraud within six years. The court remanded for further proceedings.