NM v. ESTATE OF GRAINGER

2017-13465, Index No. 53427/17.

171 A.D.3d 1197 (2019)

99 N.Y.S.3d 89

2019 NY Slip Op 03061

NM et al., Appellants, v. Estate of Edmund C. Grainger, Jr., Respondent.

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

Decided April 24, 2019.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff NM is a beneficiary of an irrevocable trust established by his grandparents. The plaintiffs commenced this action on March 16, 2017, to recover damages for breach of fiduciary duty and negligence arising from the defendant's decedent's alleged mismanagement of the trust assets during his tenure as trustee. The defendant moved, inter alia, to dismiss the complaint insofar as asserted...

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