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MATTER OF DIMITROFF

269 A.D.2d 804 (2000)

703 N.Y.S.2d 423

In the Matter of CELESTA DIMITROFF, as Trustee under the Last Will and Testament of MARJORIE B. VAN HYNING, Deceased, Appellant. KIMBERLY P. DRUMM, Respondent.

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

Decided February 16, 2000.

Order unanimously affirmed with costs.

Memorandum:

Surrogate's Court properly denied the trustee's motion for summary judgment dismissing the objections to the account. The trustee failed to establish as a matter of law that she satisfied the prudent person standard in her management of the trust (see generally, Matter of Janes, 90 N.Y.2d 41, 49-51, rearg denied 90 N.Y.2d 885

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