State v. 7040 Colonial Rd. Assocs. Co

In State v. 7040 Colonial Rd. Assocs. Co., 176 Misc. 2d 367 (Sup. Ct. N.Y. Cnty. Mar. 9, 1998) the New York Attorney General brought an action under the Martin Act against the sponsor of real estate securities for allegedly making a series of fraudulent misrepresentations in connection with the sale of such securities. Plaintiffs rely on the court's holding that "each time the sponsor allegedly engaged in one of the 'acts or practices' . . . a new cause of action accrued, even if the new act or practice simply repeated the misrepresentations or omissions made previously by the sponsor." Id. at 944. Plaintiffs overlook the court's underlying concern of a "general rule of accrual" restricting the Attorney General's exercise of his statutory mandate. Id.