MEMORANDUM OF LAW in Support re: [10] MOTION to Dismiss / Notice of Motion to Dismiss the Complaint. / Memorandum of Law in Support of Defendants' Motion to Dismiss the Complaint. Document
Holding in case involving monetary damages that "[u]nder New York law, the six-year limitations period for unjust enrichment accrues upon the occurrence of the wrongful act giving rise to a duty of restitution and not from the time the facts constituting the fraud are discovered"
Holding that appellants' "generalized and conclusory allegations of fraudulent concealment do not satisfy the requirements" of Rule 9 of the Federal Rules of Civil Procedure
137 F. Supp. 2d 452 (S.D.N.Y. 2001) Cited 191 times 1 Legal Analyses
Holding that substantial assistance exists "where a defendant affirmatively assists, helps conceal, or by virtue of failing to act when required to do so enables the fraud to proceed"