The following excerpt is from Frattarola v. Swartz, 50 N.Y.S.3d 25 (Table) (N.Y. Sup. Ct. 2016):
3 The cause of action for constructive trust, even if properly pleaded, would be barred by the statute of limitations as to any transaction which occurred more than six years prior to the commencement of this action. A constructive trust is equitable in nature and governed by a six-year statute of limitations. Where the constructive trustee acquired the property wrongfully, as here, the cause of action accrues on the date of acquisition. (DiRaimondo v. Calhoun, 131 AD3d 1194 [2d Dept.2015].)
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