SOLOW v. TANGER (1999)

Order, Supreme Court, New York County (Richard Braun, J.), entered January 9, 1998, which, inter alia, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

 The motion court correctly held that the six-year statutory period applicable to the claims for fraud and aiding and abetting fraud assigned to plaintiff by the tenant-assignors began running in February 1990 when, according to the complaint, the fraud respecting the purportedly escrowed rent monies was discovered (see, CPLR 213[8] ).   That the extent of the tenant-assignors' damages by reason of the fraud may not have been fully apparent until some time later, does not alter the essential circumstance that the fraud itself was indisputably discovered in February 1990.   Accordingly, since it is admitted that the fraud was discovered in February 1990, and plaintiffs' claims premised upon that fraud were not interposed until 1997, plaintiffs' fraud claims are time-barred.   Plaintiff's remaining cause of action seeking to impress a constructive trust upon real property located in Riverhead, New York, was also properly dismissed since there is no allegation that entrusted funds were used for the acquisition of that property (see, Sharp v. Kosmalski, 40 N.Y.2d 119, 121, 386 N.Y.S.2d 72, 351 N.E.2d 721).

MEMORANDUM DECISION.