If any person, liable to an action by another, fraudulently conceals from him the existence of the cause of such action, such cause of action shall be deemed to accrue against such person so liable therefor at the time when the person entitled to sue thereon first discovers its existence.
(1949 Rev., S. 8335.)
This was previously the rule in equity proceedings. 19 C. 438. Fraudulent concealment affects surety on bond. 66 C. 64. Statute does not apply to action by receivers against directors of bank for negligence. 89 C. 451. Suspends running of statutes until right is discovered. 93 C. 558. Must be pleaded specially. 143 C. 31. Cited. 188 C. 301; 189 C. 162; 191 C. 150; 198 C. 660; 207 C. 204; 214 C. 242; 232 C. 527. To prove fraudulent concealment, plaintiffs must show that defendant had actual awareness, rather than imputed knowledge, of the facts necessary to establish plaintiffs' cause of action, intentionally concealed these facts from plaintiffs, and concealed the facts for purpose of obtaining delay on plaintiffs' part in filing a complaint on their cause of action. 281 C. 84.
Cited. 7 CA 245; 15 CA 496; Id., 677; 16 CA 108; 19 CA 16; 31 CA 235. Plaintiff's burden of proof under section discussed. 53 CA 102. In the absence of a fiduciary duty, there must be some fraudulent action beyond breaching one's contractual duty to toll the statute of limitations. 207 CA 707. Three year limitation period of Sec. 52-582 may be tolled by a showing of fraudulent concealment pursuant to this section. 221 CA 256.
Cited. 17 CS 198; 42 CS 187.
Notes of Decisions
Cited in
129
cases (
26 in the last 5 years), 1974–2026 · leading case:
Randolph v. Mambrino, 216 Conn. App. 126 (Conn. App. Ct. 2022).
Randolph v. Mambrino, 216 Conn. App. 126 (Conn. App. Ct. 2022).
· cites it 52× “On appeal, the petitioner claims that the trial court incorrectly concluded that General Statutes § 52-595,1 which provides for the tolling of the statute of limita- tions applicable to a particular cause of action upon proof by the party bringing the action that the defendant…”
Connell v. Colwell, 571 A.2d 116 (Conn. 1990).
· cites it 11× “The defendant counters these arguments by asserting: (1) that the defendant made no misrepresentations to the decedent, the person entitled to bring the cause of action; (2) that the record does not support any claim that the changes in the decedent’s prostate were concealed…”
Slainte Investments Ltd. P'ship v. Jeffrey, 142 F. Supp. 3d 239 (D. Conn. 2015).
· cites it 28× “*256 As to statutory law, Plaintiff argues that its claims are also tolled by Connecticut General Statutes § 52-595, which provides that: If any person, liable to an action by another, fraudulently conceals from him the existence of the'cause of such action, such cause of action…”
Falls Church Grp., Ltd. v. Tyler, Cooper & Alcorn, LLP, 912 A.2d 1019 (Conn. 2007).
· cites it 8× “II Applying our traditional standard for probable cause, we next examine whether the trial court properly concluded that the law firm had probable cause to assert a claim of fraudulent concealment pursuant to General Statutes § 52-595; see footnote 2 of this opinion; to toll the…”
Iacurci v. Sax, 139 Conn. App. 386 (Conn. App. Ct. 2012).
· cites it 21× “In July, 2010, absent objection, the plaintiff amended his reply, thereby asserting that the statute of limitations was tolled by operation of Connecticut’s fraudulent concealment statute, General Statutes § 52-595. In July, 2010, the plaintiff filed an objection to the…”
Forbes v. Ballaro, 624 A.2d 389 (Conn. App. Ct. 1993).
· cites it 6× “The plaintiffs argue 6 that the defense that the cause of actions against Cook, Kullberg and the city of Shelton are time barred by General Statutes §§ 52-577 and 52-584 is not a proper basis for a motion to strike.”
Epperson v. Ent. Express, Inc., 338 F. Supp. 2d 328 (D. Conn. 2004).
· cites it 13× “Conn. Gen.Stat. § 52-595. In order to prove fraudulent concealment, the party asserting the claim must demonstrate the following: (1) a defendant’s actual awareness, rather than imputed knowledge, of the facts necessary to establish the plaintiffs’ cause of action; (2) that…”
Fichera v. Mine Hill Corp., 541 A.2d 472 (Conn. 1988).
· cites it 5× “II In their reply to the special defense that the CUTPA count of the complaint was barred by § 42-110g (f), the plaintiffs pleaded facts purporting to show that the defendants had fraudulently concealed from them the existence of their CUTPA cause of action and thus invoked the…”
Med. Device Solutions, LLC v. Aferzon, 207 Conn. App. 707 (Conn. App. Ct. 2021).
· cites it 6× “The fraudulent conceal- ment doctrine is codified in General Statutes § 52-595, which provides: ‘‘If any person, liable to an action by another, fraudulently conceals from him the existence of the cause of such action, such cause of action shall be deemed to accrue against such…”
Willow Springs Condo. Ass'n v. Seventh BRT Dev. Corp., 717 A.2d 77 (Conn. 1998).
· cites it 4× “” We note that the plaintiff did not specifically cite the fraudulent concealment statute, General Statutes § 52-595, in count five, although it substantively alleged that Seventh BRT had fraudulently concealed information regarding the condition of the treatment plant that it…”
Byrne v. Burke, 962 A.2d 825 (Conn. App. Ct. 2009).
· cites it 9× “The plaintiff further argued *267 that Burke’s concealment resulted in fraud that tolled, under General Statutes § 52-595, 4 the statute of limitations.”
Bound Brook Ass'n v. City of Norwalk, 504 A.2d 1047 (Conn. 1986).
· cites it 6× “In order to avoid the defendants’ special defenses that the plaintiffs’ cause of action was time-barred, the plaintiffs affirmatively pleaded, pursuant to General Statutes § 52-595, 2 that the defendants had “fraudulently concealed from the plaintiffs [the] existence of their…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.