In re Bronner, 112 A.D.3d 429 (N.Y. App. Div. 2013). · Go Syfert
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In re Bronner, 112 A.D.3d 429 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Incorporated Village of Muttontown v. Ryba (nyappdiv, 2014-10-08)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Incorporated Village of Muttontown v. Ryba
N.Y. App. Div. · 2014 · confidence medium
Here, there was no open (see Evangelista v Mattone, 44 AD3d at 705) or complete (see Matter of Ruth Bronner & Zwi Levy Family Sprinkling Trust, 112 AD3d at 429) repudiation of Old Brookville’s fiduciary relationship on May 31, 2011, the date the contract expired.
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In the Matter of Ruth Bronner and Zwi Levy Family Sprinkling Trust, an Inter Vivos Trust for the Benefit of Ruth T. Bronner. Warren R. Gleicher, Appellant Ruth T. Bronner, Respondent In the Matter of Ruth Bronner Trust Created on July 2, 1993 by Ruth T. Bronner and Others. Warren R. Gleicher, Appellant Ruth T. Bronner, Respondent In the Matter of RB and ZL Family Sprinkling Trust Created on January 14, 1993 by Zwi O. Levy for the Benefit of Zwi O. Levy and Others. Warren R. Gleicher, Appellant Ruth T. Bronner
Appellate Division of the Supreme Court of the State of New York.
Dec 5, 2013.
112 A.D.3d 429
Published

Order, Surrogate’s Court, New York County (Kristen Booth Glen, S.), entered October 23,2012, which denied appellant’s motion to dismiss compulsory accounting petitions, unanimously affirmed, without costs.

The Surrogate properly found that respondent, the trustee of three trusts of which petitioner was a beneficiary, failed to conclusively demonstrate the integrity and fairness of the transaction which transferred the trusts’ assets, or to establish that he fully informed petitioner of the effect and ramifications of the releases and waivers of accounting that she apparently signed (see Matter of Gordon v Bialystoker Ctr. & Bikur Cholim, 45 NY2d 692, 698 [1978]). Respondent also failed to show the complete repudiation of his duties as a fiduciary after the trusts were allegedly terminated in March 2006. He retained trust assets and filed tax returns on behalf of the trusts after the execution of releases and waivers representing that the trusts had been terminated (see Westchester Religious Inst. v Kamerman, 262 AD2d 131 [1st Dept 1999]). Thus, the Surrogate properly found that respondent’s argument that the statute of limitations expired since more than six years had passed since the[*430] waivers and releases were signed is unavailing (id.). Concur— Mazzarelli, J.E, Acosta, Saxe, Freedman and Clark, JJ.