New York Court of Appeals

Herman Held, Appellant v. Ivan Kaufman, Respondents

April 7, 199891 N.Y.2d 425

Summary

The Court held that defendants could raise additional defenses in a reply affidavit without violating CPLR 3211(e), reinstated the plaintiff's fraud‑in‑inducement claim as not time‑barred, and affirmed dismissal of the breach‑of‑contract and constructive‑trust claims as time‑barred, while reserving decision on indefiniteness and Statute of Frauds issues for later proceedings.