The following excerpt is from Sands Bros. Venture Capital II, LLC v. Metro. Paper Recycling, Inc., 127 N.Y.S.3d 258 (Table), 67 Misc.3d 1216 (A) (N.Y. Sup. Ct. 2020):
In their opposition papers, the Plaintiffs argue that the breach of fiduciary duty claims are not time-barred because the discovery rule postpones the start of the applicable limitation period. Although the Plaintiffs do not supply legal authority in support of its argument, the Plaintiffs in sum and substance refer to the legal rule that where an allegation of fraud is essential to a breach of fiduciary duty claim, the statute of limitations is six years and the discovery accrual rule applies ( Gerschel v. Christensen , 143 AD3d 555, 557 [1st Dept 2016] [citations omitted] ).
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