In today’s Fraud Notes, we examine two recent appellate court decisions that highlight the role statutes of limitations play in fraud-based claims. Specifically, we explore how New York courts evaluate timeliness under CPLR 213(8), including the six-year limitations period and the two-year discovery rule, as well as the three-year limitations period governing General Business Law § 349 claims.

New York’s adoption of the Uniform Voidable Transactions Act in 2019 modernized its Debtor and Creditor Law. The revised law allows creditors to void both actual and constructive fraudulent transfers. Constructive fraud focuses on inadequate value and insolvency, while actual fraud hinges on intent, assessed via “badges of fraud.”