Appellate Division of the Supreme Court of the State of New York December 4, 2000 (DiMaggio v. DiMaggio)

In an action, inter alia, to recover damages for fraud, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Garson, J.), dated October 12, 1999, as denied that branch of his motion which was to dismiss the complaint as time-barred pursuant to CPLR 3211 (a) (5).

Ordered that the order is affirmed insofar as appealed from, with costs.