ORDERED that the order is modified, on the law and the facts, by deleting the provisions thereof granting those branches of the defendant's motion which were for partial summary judgment dismissing so much of (1) the first cause of action alleging diversion of corporate assets, (2) the third cause of action alleging misappropriation of corporate assets, and (3) the fifth cause of action alleging breach of fiduciary duty, as were based upon acts which occurred within six years preceding the commencement of the action, and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and so much of the first, third, and fifth causes of action as were based upon acts which occurred within six years preceding the commencement of the action are reinstated.
The court erred in applying the three-year Statute of Limitations to the causes of action alleging diversion of corporate assets, misappropriation of corporate assets, and breach of fiduciary duty. Pursuant to CPLR 213(7), a six-year Statute of Limitations was applicable (see, Rupert v. Tigue, 259 A.D.2d 946; Blake v. Blake, 225 A.D.2d 337; Tobias v. Tobias, 192 A.D.2d 438). We therefore modify the order to the extent indicated.
ALTMAN, J.P., FRIEDMANN, SMITH and ADAMS, JJ., concur.