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MATTER OF RUDIN

34 A.D.3d 371 (2006)

824 N.Y.S.2d 637

In the Matter of JACK RUDIN et al., as Successor Trustees under the Last Will and Testament of NATHAN RUDIN, Deceased, Respondents. DONALD HEIMLICH, M.D., Appellant.

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

Decided November 28, 2006.

The trustees made out a prima facie case that their account was accurate and complete by submitting the account as amended and a supporting affidavit, and objectant failed to carry his burden of coming forward with any evidence showing the inaccuracy of the account (see Matter of Curtis, 16 A.D.3d 725, 726-727 [2005]). The objection that missing estate assets should have funded the subject trust was barred by res judicata as a result...

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