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MATTER OF BARABASH

31 N.Y.2d 76 (1972)

In the Matter of The Estate of Nikita Z. Barabash, Deceased. Ilya N. Barabash et al., Appellants; Ignatz Barabas, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1972.

Attorney(s) appearing for the Case

Robert J. Silberstein, Martin Popper, Vito J. Cassan and Gerald C. Goldstein for appellants.

Yale Wilner for respondent.

Joseph Slavin and Seth Rubenstein for Fidelity and Deposit Company of Maryland, respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

BURKE, J.

In this proceeding to compel an accounting, we are called upon to decide whether there was a sufficient repudiation by the fiduciary of his trust responsibility as to warrant the invocation of the defense of the Statute of Limitations to bar the petition.

Decedent, a native of Russia, died intestate on August 1, 1951, a resident of New York County. Respondent...

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