Here, the cause of action alleging breach of fiduciary duty was subject to a three-year statute of limitations since the relief sought was monetary in nature and the complaint failed to allege all the requisite elements of fraud, including justifiable reliance (see Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 562; IDT Corp. v Morgan Stanley Dean Witter & Co., 12 NY3d at 140; Oppedisano v D’Agostino, 196 AD3d 497, 499). [read post]

Oppedisano, 2010 WL 4961663 48 (E.D.N.Y., 2010) (rejecting defendant's motion to introduce otherwise irrelevant evidence to argue that 18 USC § 922(g)(1), prohibiting possession of ammunition as a convicted felon, is unconstitutional as applied to him in light of Heller ); People v. [read post]