CPLR § 213 Actions to be commenced within six years
8. an action based upon fraud
CPLR § 203 Method of computing periods of limitation generally
(f) Claim in amended pleading
B.B.C.F.D., S.A. v Bank Julius Baer & Co. Ltd., 2009 NY Slip Op 03622 (App. Div., 1st, 2009)
The facts underlying Ivcher's proposed cross claims have been known
to him since no later than 2004, if not as long ago as late 2001. His
delay until August 2007 in requesting leave to amend his answer is
inexcusable (see Chichilnisky v The Trustees of Columbia Univ. in City of N.Y., 49 AD3d 388, 389 [2008]; Spence v Bear Stearns & Co., 264 AD2d 601 [1999]).Moreover, allowing the proposed amendment, which concerns events
that took place no later than 1999, would significantly alter the
status of this litigation by adding multiple new cross claims and a new
cross-claim plaintiff, effectively resurrecting two cases that, after
many years of litigation, are close to being resolved. In any event,
the new cross claims are untimely (see CPLR 213[8]), and the
"relation back" provision of CPLR 203(f) does not apply because "the
original pleading does not give notice of the transactions,
occurrences, or series of transactions or occurrences, to be proved
pursuant to the amended pleading."
The bold is mine.
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