July 13, 1984
Appeal from the Monroe County Surrogate's Court, Ciaccio, S.
Present — Hancock, Jr., J.P., Doerr, Denman, Green and Moule, JJ.
Decree unanimously affirmed, with costs. Memorandum: This case involves allegations of fraud and self-dealing on the part of fiduciary. On an examination of the record we agree with the Surrogate that there are questions of fact which preclude summary judgment.
Full title:In the Matter of JANICE S. BIRNBAUM, Respondent, v. SAUL I. BIRNBAUM…
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: Jul 13, 1984
It was proper to convert the petition and supplemental petition under SCPA 2102 to applications by the…
Birnbaum v. Central Trust Companyrrent jurisdiction with the Surrogate's Court to the Surrogate's Court without the Surrogate Court's consent…