The IAS court properly dismissed plaintiff's complaint seeking damages against a former disinterested director of plaintiff for breach of fiduciary duty and negligence in overseeing plaintiff's investment manager who allegedly caused plaintiff to lose millions of dollars as a result of three disastrous investments made in 1997. Plaintiff's claims are untimely since the acts complained of occurred more than three years prior to commencement of this lawsuit (see Matter of Kaszirer v. Kaszirer, 286 A.D.2d 598). The IAS court properly held the six-year statute of limitations set forth in CPLR 213(7) inapplicable since plaintiff's claims are not for corporate waste.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.