ROSEN v. RAUM


191 A.D.2d 254 (1993)

595 N.Y.S.2d 14

Elaine Rosen, Appellant, v. Robert Raum, Respondent

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

March 11, 1993


In light of plaintiff's unequivocal opposition to defendant's accounting rendered on behalf of the estate at issue, which includes, inter alia, specific objections raised before the Surrogate concerning the accounting, and complaints made by plaintiff against defendant to several disciplinary bodies, it is clear that plaintiff did not rely upon the accounting in settling her claim against the estate. Accordingly, the instant claim sounding in fraud was properly dismissed...

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