In re Sroczyk

— Order unanimously affirmed, with costs. Memorandum: In this proceeding brought by the administrator of decedent’s estate to discover property (SCPA 2103), Surrogate’s Court properly denied respondent’s motion for summary judgment. Although an action for a constructive trust has a six-year Statute of Limitations (Augustine v Szwed, 77 AD2d 298, 300; Savage v Savage, 63 AD2d 808, app dsmd 46 NY2d 771), the cause of action does not accrue until the wrongful withholding {Augustine v Szwed, supra, p 301). Since decedent signed the withdrawal slip transferring her bank account to respondent, the…