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Appellate Division Reverses Dismissal Due to Tolling of the Statute of Limitations

Appellate Division, Third Department reversed Trial Court’s dismissal of breach of fiduciary duty claims against executor, trustee, director and officer arising more than six years prior to the commencement of the action holding that the statute of limitations does not commence running “until there has been an open repudiation by the fiduciary or the relationship has otherwise been clearly terminated”. In the Matter of Therm, 132 A.D.3d 1132 (3rd Dept. 2015).