COLON v. BANCO POPULAR NORTH AM

Even were we to find that plaintiffs sufficiently pleaded a cause of action for negligent misrepresentation, we would find the claim untimely. Plaintiffs acknowledge that the point of injury occurred when he was arrested and incarcerated on December 1, 2003, and accordingly, the action, commenced in April 2007, is barred by the applicable three-year statute of limitations (CPLR 214). Contrary to plaintiffs' contention, the action is not governed by a six-year limitations period (CPLR 213), since they neither alleged fraud nor constructive fraud against defendant ( see e.g. Fandy Corp. v Lung-Fong Chen, 262 AD2d 352).