Legal Opinion

In re the Estate of Tract

Appellate Division of the Supreme Court of the State of New York

Decided June 25, 2001PublishedCited by 17 opinions

1Opinion of the Court

—In a proceeding, inter alia, for an accounting of the interest of the petitioner’s decedent in a partnership, the petitioner appeals from a decree of the Surrogate’s Court, Nassau County (Radigan, S.), dated March 6, 2000, which, after a nonjury trial, dismissed the amended petition.

Ordered that the decree is affirmed, with costs.

“In an accounting proceeding, the party submitting the account has the burden of proving that he or she has fully accounted for all the assets of the estate (see, e.g., Vinlis Constr. Co. v Roreck, 30 AD2d 668, mod 27 NY2d 687; see, generally, 29 Carmody-Wait 2d,…

2Cases cited6 opinions

  1. In re the Estate of SchnareAppellate Division of the Supreme Court of the State of New York · 1993
  2. Vinlis Construction Co. v. RoreckNew York Court of Appeals · 1970
  3. Stay v. HorvathAppellate Division of the Supreme Court of the State of New York · 1991
  4. Vinlis Construction Co. v. RoreckAppellate Division of the Supreme Court of the State of New York · 1968
  5. Abbott v. . DoughanNew York Court of Appeals · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. In re the Estate of CurtisAppellate Division of the Supreme Court of the State of New York · 2005
  2. In Re the Estate of JewettAppellate Division of the Supreme Court of the State of New York · 2016
  3. In re the Estate of McAlpineAppellate Division of the Supreme Court of the State of New York · 2011
  4. In re the Estate of TaylorAppellate Division of the Supreme Court of the State of New York · 2010
  5. Liddle, Robinson & Shoemaker v. ShoemakerAppellate Division of the Supreme Court of the State of New York · 2004

12 more not listed; retrieve them via the Exa API.

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