Appellate Division of the Supreme Court of New York, 1951

In re the Compulsory Accounting of Blumberg

In re the Compulsory Accounting of Blumberg
Appellate Division of the Supreme Court of New York · Decided May 7, 1951
278 A.D. 830; 104 N.Y.S.2d 222; 1951 N.Y. App. Div. LEXIS 4916
In re the Compulsory Accounting of Blumberg

Opinion of the Court

In a proceeding to compel an alleged fiduciary to account, order of the Surrogate’s Court, Kings County, denying motion for a further examination of respondent before trial reversed, on the facts, with $10 costs and disbursements, and the motion granted, with $10 costs. An inquiry with respect to the profits made by the alleged fiduciary is proper in that it is material to determine, in conjunction with alleged inadequacy of rent paid by the alleged fiduciary, the amount thereof obtained from the unique property which is involved. Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ., concur.

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