Joseph Francoeur (Partner-New York) and Hayley Weisman (Associate-New York) obtained early dismissal of a fraud claim in the Kings County Supreme Court, Brooklyn, New York, against an attorney who represented the plaintiff’s ex-wife at the closing of the sale of the former marital residence. The plaintiff alleged that the attorney fraudulently transferred the property in 2013 without his knowledge or consent, invoking the two-year discovery rule to revive the otherwise time-barred claim and asserting he first learned of the purported fraud in 2024. Joe and Hayley filed a pre-answer motion to dismiss the complaint, arguing the plaintiff’s claim was barred by the statute of limitations and citing a 2015 New Jersey Family Court filing in which the plaintiff sought judicial intervention regarding the distribution of the sale proceeds – demonstrating he knew of the sale and could have discovered the purported fraud at that time. In arguing the motion, Hayley directed the court to the judgment of divorce, which granted the ex-wife a receivership over the plaintiffs’ interest in the property – a key fact that undermined the fraud claim entirely. The court agreed, holding that the plaintiff was on notice of the title transfer and the sale, that the discovery rule did not apply, and that the claim was time-barred. The court granted Wilson Elser’s motion and dismissed the complaint.