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In re Sakow

Appellate Division of the Supreme Court of New York, First Department
Nov 8, 2007
45 A.D.3d 314 (N.Y. App. Div. 2007)

Opinion

No. 1922 1956.

November 8, 2007.

Order, Surrogate's Court of the State of New York, Bronx County (Lee L. Holzman, S.), entered November 16, 2005, which, to the extent appealed, denied objectants' cross motion to impose a surcharge against petitioner as the de facto fiduciary of the estate, unanimously affirmed, without costs.

Scott J. Steiner, P.C., White Plains (Ely J. Rosenzveig of counsel), for appellants.

Law Offices of Kenneth N. Miller, New York (Elliot Schnapp of counsel), for respondent.

Before: Mazzarelli, J.P., Marlow, Williams, Catterson and Kavanagh, JJ.


As the damages trial of this matter was concluded, and the resulting order reviewed by this Court ( see Matter of Sakow, 21 AD3d 849, lv denied 7 NY3d 706), the doctrine of the law of the case precludes the grant of objectants' cross motion to surcharge petitioner for self-dealing ( see generally People v Evans, 94 NY2d 499, 502-504).


Summaries of

In re Sakow

Appellate Division of the Supreme Court of New York, First Department
Nov 8, 2007
45 A.D.3d 314 (N.Y. App. Div. 2007)
Case details for

In re Sakow

Case Details

Full title:In the Matter of the Estate of MAX SAKOW, Deceased. WALTER SAKOW, as De…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 8, 2007

Citations

45 A.D.3d 314 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8368
845 N.Y.S.2d 39