Opinion
October 23, 1997
Appeal from Supreme Court, Bronx County (Anne Targum, J.).
We agree with the IAS Court that the record does not permit ascertainment of the accrual date, but disagree that the allegations plaintiff made in a related Federal action concerning the relevant dates were inconsistent with those he makes herein and constitute prima facie proof that the Statute of Limitations has expired. We also find that plaintiff's allegations that defendants advised him to participate in the roll-up of the National Community Centers XI-A investment are sufficient to show continuous representation with respect to that investment ( cf., Weiss v. Manfredi, 83 N.Y.2d 974, 977). The allegations of wrongdoing do not show conduct so wantonly dishonest as to warrant punitive damages ( see, Walker v. Sheldon, 10 N.Y.2d 401, 405). We have considered plaintiff's other arguments and find them to be without merit.
Concur — Murphy, P.J., Nardelli, Williams and Colabella, JJ.