Appellate Division of the Supreme Court of New York, 2000

In re Dimitroff

In re Dimitroff
Appellate Division of the Supreme Court of New York · Decided February 16, 2000
269 A.D.2d 804; 703 N.Y.S.2d 423; 2000 N.Y. App. Div. LEXIS 1700
In re Dimitroff

Opinion of the Court

—Order unanimously affirmed with costs. Memorandum: Surrogate’s Court properly denied the trustee’s motion for summary judgment dismissing the objections to the account. The trustee failed to establish as a matter of law that she satisfied the prudent person standard in her management of the trust (see generally, Matter of Janes, 90 NY2d 41, 49-51, rearg denied 90 NY2d 885). (Appeal from Order of Livingston County Surrogate’s Court, Cicoria, S. — EPTL.) Present — Green, A. P. J., Hayes, Pigott, Jr., and Scudder, JJ.

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