By Renwick, J.P., Richter, Manzanet-Daniels, Tom, Gesmer, JJ.7056-7057. Omar Fuentes-Gil, Plaintiff—ap — v. —Zear LLC, Defendant—Respondent.[And a Third-Party Action]Talisman & DeLorenz, P.C., Brooklyn (Kevin Cowie of counsel), for appellant.Havkins Rosenfeld Ritzert & Varriale, LLP, White Plains (Tiffany Fendley of counsel), for respondent.Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered January 9, 2017, which, insofar as appealed from as limited by the briefs, granted the cross motion by defendant Zear LLC for summary judgment dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about July 18, 2017, which, upon granting reargument, adhered to the original determination, unanimously dismissed, without costs, as academic.Zear established that it was an out-of-possession landlord who, under its lease with the tenant, third-party defendant, was not responsible for removing snow or ice from the sidewalk of the premises where plaintiff allegedly slipped and fell (see Bing v. 296 Third Ave. Group, L.P., 94 AD3d 413, 413 [1st Dept 2012], lv denied 19 NY3d 815 [2012]). Snow or ice is not a significant structural or design defect for which an out-of-possession landlord may be held liable (id. at 414).We have considered plaintiff’s remaining contentions and find them unavailing.This constitutes the decision and order of the Supreme Court, Appellate Division, First Department.
By Renwick, J.P., Richter, Manzanet-Daniels, Tom, JJ.7058. In re Marc Salz, etc., pet-ap, v. Bellagio, LLC res-res — In re Marc Salz, etc., pet-ap, v. Christies, Inc. res-res — Law Office of Irina Tarsis, Brooklyn (Irina Tarsis of counsel), for ap — f Jules Martin Haas, New York, for Bellagio LLC, MGM Resorts International and Mirage Resorts, Incorporated, res — Hunton Andrew Kurth LLP, New York (Joseph A. Patella of counsel), for Christie’s Inc., res — Cahill Cossu Noh & Robinson LLP, New York (Paul Cossu of counsel), for Sotheby’s, Inc., res — McDermott Will & Emery LLP, New York (Lisa A. Linsky of counsel), for Carlyn S. McCaffrey, res — George W. Wright & Associates, LLC, New York (George W. Wright of counsel), for Day & Meyer, Murray & Young Corp., res — Mark N. Bloom, New York, for Carol Chamlin, res — Order, Surrogate’s Court, New York County (Rita Mella, S.), entered on or about July 21, 2017, which denied the petitions to discover property withheld from the estate of Sam Salz, and dismissed the proceedings, unanimously affirmed, with costs.The Surrogate correctly determined that petitioner’s claims were barred by the statute of limitations for fraud (see Gutkin v. Siegal, 85 AD3d 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, he did not seek discovery or appointment as an administrator until 2016, 17 years after he had been placed on inquiry notice of the possibility of fraud, and he failed to account for the delay.Moreover, the petitions failed to identify property owned by the decedent at the time of his death that may not have been properly accounted for (see Matter of Perelman, 123 AD3d 436 [1st Dept 2014], lv denied 25 NY3d 905 [2015]). The allegations in the petitions about various paintings that may at one time have been owned by the decedent are insufficient to permit a conclusion that the decedent still owned those paintings at the time of his death, particularly since he was an active art dealer.This constitutes the decision and order of the Supreme Court, Appellate Division, First Department.
