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MATTER OF SALZ v. BELLAGIO, LLC

7058. File. 1729C/81. 1729D/81.

163 A.D.3d 422 (2018)

81 N.Y.S.3d 37

2018 NY Slip Op 04965

In the Matter of Marc Salz, Appellant, v. Bellagio, LLC, et al., Respondents. In the Matter of Marc Salz, Appellant, v. Christies, Inc., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 5, 2018.

The Surrogate correctly determined that petitioner's claims were barred by the statute of limitations for fraud (see Gutkin v Siegal, 85 A.D.3d 687 [1st Dept 2011]). It is undisputed that the most recent alleged fraud occurred in 1986, when the decedent's widow (his third wife) presented the estate accounting. By his own account, petitioner's suspicions were aroused in 1999, after his mother (the decedent's second wife) died. However...

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