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Fourth Department — Statute of Limitations: Boardman v. Kennedy
Daily Record Staff//May 2, 2013//
Listen to this articleAppellate Division, Fourth Department
Matrimonial Stipulation
Boardman v. Kennedy
CA 12-01742
Appealed from Supreme Court, Ontario County
Background: The plaintiff, the ex-wife of the decedent, commenced an action against the decedent’s widow as executrix of the decedent’s estate. The plaintiff alleged that, pursuant to a matrimonial stipulation, she was entitled to one-half interest in an individual retirement account owned by the decedent. The defendant’s motion to dismiss was granted.
Ruling: The Appellate Division affirmed. The plaintiff’s claim against the IRA was governed by the six-year statute of limitations and was untimely. The plaintiff’s other causes of action based in fraud and unjust enrichment were also untimely.
E. Robert Fussell for the plaintiff-appellant; John E. Tyo of Zimmerman & Tyo for the defendant-respondent
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