Carvel v. Davis

In a proceeding pursuant to CPLR article 77, inter alia, to remove Robert M. Davis and Mildred Arcadipane as trustees, Thomas Kornacki and Joan Kelly appeal from so much of an order of the Surrogate’s Court, Westchester County (Scarpino, S.), dated February 25, 2002, as denied those branches of their respective motions which were for summary judgment on their cross claims for trustee commissions earned from March 1, 1989, to January 1, 1990, and dismissed the cross claims as barred by the statute of limitations.

Ordered that the order is affirmed insofar as appealed from, with costs.

The…