MATTER OF SILVERSTEIN v. GOODMAN


35 A.D.3d 301 (2006)

827 N.Y.S.2d 50

In the Matter of the Estate of JEROME SILVERSTEIN, Deceased, Appellant-Respondent, v. MAX GOODMAN et al., Respondents-Appellants.

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

Decided December 28, 2006.


Respondents, as trustees, breached their fiduciary "duty of loyalty" (see Mercury Bay Boating Club v San Diego Yacht Club, 76 N.Y.2d 256, 270 [1990]) by allowing their immediate family and petitioner, the beneficiary of the trust, to occupy the trust property at no rent or rent far below fair market value. Accordingly, the matter is remitted to the Special Referee to determine the amount of income deprived from the trust as a result...

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