Legal Opinion

In re the Estate of Behr

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

Decided March 1, 1993PublishedCited by 15 opinions

1Opinion of the Court

—In a proceeding for a compulsory accounting by a purported trustee, the appeal is from an order of the Surrogate’s Court, Queens County (Graci, S.), dated July 27, 1990, which denied the purported trustee’s motion to dismiss the proceeding as time barred.

Ordered that the order is affirmed, with costs payable by the appellant personally.

We agree with the determination of the Surrogate that the appellant has failed to establish his entitlement to judgment as a matter of law dismissing the instant proceeding for an accounting as time barred. In proceedings for accountings, the governing…

2Cases cited10 opinions

  1. In re the Estate of BarabashNew York Court of Appeals · 1972
  2. Erbe v. Lincoln Rochester Trust Co.New York Court of Appeals · 1957
  3. In re the Estate of AshheimAppellate Division of the Supreme Court of the State of New York · 1906
  4. In Re the Estate of AshheimNew York Court of Appeals · 1906
  5. Two Clinton Square Corp. v. FriedlerAppellate Division of the Supreme Court of the State of New York · 1983

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3Cited by15 opinions

  1. In re the Estate of RodkenAppellate Division of the Supreme Court of the State of New York · 2000
  2. In re BairdAppellate Division of the Supreme Court of the State of New York · 2009
  3. In re the Estate of MeyerAppellate Division of the Supreme Court of the State of New York · 2003
  4. Breslau v. SakowAppellate Division of the Supreme Court of the State of New York · 1995
  5. Tahari v. NarkisAppellate Division of the Supreme Court of the State of New York · 2023

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