Dinizulu sought an order directing co-administrator Backman to turnover $80,000 to the estate she allegedly received from decedent. Backman sought dismissal arguing the claims were time-barred under the applicable statute of limitations. Backman noted while a three year limitations period applied to turnover actions, as the transfer of the check took place while decedent was alive, the statute of limitations at the time of her death did not expire and Dinizulu had one year from the date of decedent’s death to commence the proceeding. Dinizulu alleged Backman deliberately delayed disclosing the fact she received an $80,000 check the day after receipt of the deed transferring a North Carolina property to her and decedent as joint tenants. The court noted Backman was incorrect in her contention that the period within which to commence this proceeding as to the check and documents expired March 2008, noting her reliance on CPLR 210(a) was misplaced. Yet, it found even if a six year limitations period for fraud were to be applied, the proceeding regarding the funds would be untimely as the limitations period would have expired three months before the action was commenced. Hence, dismissal was granted.
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