The alleged fraud took place in 1998, prior to the settlement, but Jane didn't learn of the misconduct until 2003. Inexplicably, three years passed before she sought relief from the court.
The New York County Supreme Court found Jane's fraud claim to be untimely and denied her request. On appeal, the Appellate Division, First Department, referenced a state law -- CPLR 213[8] -- which provides:
A cause of action based on fraud must be commenced within six years from the time of the fraud, or within two years from the time the fraud was discovered or with reasonable diligence could have been discovered, whichever is later.
Because the alleged fraud occurred more than six years before she asked the court for assistance -- and she knew of the misconduct for over two years -- Jane won't recover a dime.
No, Jane, no!
To download a copy of the Appellate Division's decision, please use this link: DeLuca v. DeLuca