You are here: / / THE TRUSTEES DID NOT DEMONSTRATE THE AVAILABILITY OF THE STATUTE OF LIMITATIONS...
, ,

THE TRUSTEES DID NOT DEMONSTRATE THE AVAILABILITY OF THE STATUTE OF LIMITATIONS OR LACHES DEFENSES TO THE ACTION SEEKING AN ESTATE ACCOUNTING; THE TRUSTEES DID NOT OPENLY REPUDIATE THEIR FIDUCIARY OBLIGATIONS AND, THEREFORE, THE TIME DID NOT BEGIN TO RUN FOR EITHER DEFENSE (SECOND DEPT).

The Second Department, reversing Surrogate’s Court, determined the action seeking an estate accounting should not have been dismissed as untimely because the statute of limitations had not been triggered by an open repudiation of the trustees’ fiduciary obligations. A similar open repudiation is necessary for a laches defense as well:

A proceeding to compel an accounting by a fiduciary is governed by a six-year statute of limitations (see CPLR 213[1]). “It is well settled that the statutory clock begins to run when the trustee openly repudiates his [or her] fiduciary obligations” or there is a judicial settlement of the fiduciary’s account … . “For a trustee to invoke a Statute of Limitations defense, a mere lapse of time is insufficient without proof of an open repudiation” … . There must be proof of a repudiation by the fiduciary “‘which is clear and made known to the beneficiaries'” … , “viewed in the light of the circumstances of the particular case” … . The party seeking the benefit of the statute of limitations defense bears the burden of proof on the issue of open repudiation  … . “Where there is any doubt on the record as to the conclusive applicability of a Statute of Limitations defense, the motion to dismiss the proceeding should be denied” … . Matter of Eisdorfer, 2020 NY Slip Op 06258, Second Dept 11-4-20

 

You might also like
Question of Fact Whether Out-of-Possession Landlord Relinquished Control of the Premises to the Extent that Its Duty to Maintain the Premises in a Reasonably Safe Condition Was Extinguished—Lease Allowed Landlord to Reenter to Inspect and Make Repairs and Improvements
Slippery Dock Was an Open and Obvious Condition—Landowner Had No Duty to Protect Against the Condition
EVEN THOUGH THE ALLEGEDLY DEFECTIVE SIDEWALK ABUTTED AN UNDEVELOPED LOT, DEFENDANT WAS ENTITLED TO THE SMALL-PROPERTY EXEMPTION FROM TORT LIABILITY.
Law School Properly Rescinded Student’s Application for Admission Based Upon Omissions Concerning Criminal Record
THE COURT’S INQUIRY ON MOTIONS TO DISMISS AN ARTICLE 78 PETITION, A COMPLAINT, AND/OR A REQUEST FOR A DECLARATORY JUDGMENT SHOULD RARELY GO BEYOND WHETHER, ASSUMING THE TRUTH OF THE ALLEGATIONS, A CAUSE OF ACTION HAS BEEN STATED (SECOND DEPT).
TRANSFER OF DEVELOPMENT RIGHTS (TDR) COMPONENT OF TOWN’S COMPREHENSIVE PLAN WAS NOT PROPERLY ADOPTED UNDER THE GENERAL MUNICIPAL LAW (SECOND DEPT).
Promissory Note Reflecting a Loan to a Limited Liability Company Was Criminally Usurious As Well As Void Under the General Obligations Law—Provision Purporting to Reduce the Interest Rate to a Non-Usurious Rate If the Original Rate Were Found to be Usurious Did Not Save the Note
THE PLAINTIFF IN THIS FORECLOSURE ACTION DID NOT DEMONSTRATE THE INTEREST CALCULATION WAS DONE USING THE METHOD REQUIRED BY THE NOTE AND THE RELEVANT BUSINESS RECORDS WERE NOT SUBMITTED; THE REFEREE’S REPORT SHOULD NOT HAVE BEEN CONFIRMED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PLAINTIFF BANK MOVED FOR AN ORDER OF REFERENCE WITHIN ONE YEAR; DESPITE THE... IN THIS WRONGFUL DEATH ACTION AGAINST DEFENDANT RESIDENTIAL CARE FACILITY, PLAINTIFF’S...