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MATTER OF EUGENE

6274N File No. 93C/10.

160 A.D.3d 506 (2018)

75 N.Y.S.3d 8

2018 NY Slip Op 02561

In the Matter of the Accounting by Dominick Eugene, as the Executor of the Estate of Marco Eugene, Deceased. Denise Schumacher et al., Potential Objectants-Respondents, v. Dominick Eugene, as the Executor of the Estate of Marco Eugene, Appellant.

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

Decided April 12, 2018.

The court did not improvidently exercise its discretion in granting the motion where potential objectants demonstrated by clear and convincing evidence that continued control by respondent executor would result in irreparable harm to their interests (see Matter of Sakow, 280 A.D.2d 378 [1st Dept 2001], affd 97 N.Y.2d 436 [2002]; CPLR 6401). The...

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