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TREPUK v. FRANK

47 A.D.2d 871 (1975)

Meryl F. Trepuk et al., Respondents, v. Norman D. Frank, Individually and as an Executor and Trustee of Joseph H. Steinhardt, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 3, 1975

A final disposition should not be made on the minimal record submitted, consisting only of the complaint and defendant's counsel's affidavit. The acts complained of occurred almost half a century ago. We cannot agree with Special Term that the Statute of Limitations does not bar the action without a much more complete disclosure of the facts. Although we note that fraud is alleged against a fiduciary, we must also consider the inordinate...

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