We disagree with the IAS Court's conclusion that questions of fact as to whether the cotrustee's fiduciary duty was properly discharged preclude the grant of summary judgment in his favor dismissing the complaint. Plaintiff, a coexecutor of decedent's will and cotrustee of the testamentary trust, sues his coexecutor, also the trustee of an inter vivos trust of which plaintiff was a remainderman, and the estate's accountants and lawyers, for their failure to consider his eligibility...
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