GBL 349 Statute of Limitations
The case law on the Statute of Limitations for claims under GBL 349 is not uniform.
However, the First Department applies the Statute of Limitations most analogous to the facts to determine the applicable statute of limitations for a claim under GBL 349, see, Unibell Anesthesia, P.C. V. Guardian Life Insurance Company of America, 239 A.D.2d 248, 658 N.Y.S.2d 14 (1st Dept 1997) (time bar for complaint including GBL 349 claim was six years, since gravamen of complaint was breach of fiduciary duty).
While the decisions are not uniform, other courts have likewise applied a six-year time bar to claims arising under GBL 349.
See, e.g., Weil v. Long Island Savings Bank, FSB, 77 F. Supp. 2d 313, 1999 WL 1133338 (ED NY 1999);
General Electric Capital Financial, Inc. v. Bank Leumi Trust Company of New York, 1999 U.S (1999);
Dornberger v. Metropolitan Life Ins. Co., 961 F. Supp. 506, 549 (SD NY 1997), and have applied the two year discovery extension to such claims where the underlying gravamen is fraud, see, e.g., Russo v. Massachusetts Mut. Life Ins. Co., 178 Misc. 2d 772, 680 N.Y.S.2d 916 (Sup Ct, Tompkins County 1997);
General Electric Capital Financial, Inc. v. Bank Leumi Trust Co., supra.