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