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MATTER OF BANK OF NEW YORK

File Nos. 212P, 1961/B/C. Appeal No. 13692. Case No. 2020-04459.

193 A.D.3d 634 (2021)

148 N.Y.S.3d 83

2021 NY Slip Op 02592

In the Matter of the Accounting of the Bank of New York, as Trustee of the Trust under Article Sixth of the Will of Max Blumenkrantz, Deceased. In the Matter of BNY Mellon, N.A., as Trustee, Appellant, v. Marshall Feldman et al., Respondents.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Emmet, Marvin & Martin, LLP, New York ( Paul T. Weinstein of counsel), for appellant.

Adam Leitman Bailey, P.C., New York ( Jeffrey R. Metz of counsel), for respondents.

Concur— Webber, J.P., Singh, González, Shulman, JJ.

The Surrogate properly sustained the objections relating to the foreclosure sale. A "trustee is bound to employ such diligence and ... prudence in the care and management of the trust, as in general, prudent [persons] of discretion and intelligence in such matters, employ in their own like affairs" (Matter of Janes, 90 N.Y.2d 41, 50 [1997] [internal quotation marks and brackets omitted]). "Generally, whether a fiduciary has acted...

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