MASSEY-HUGHES v. MASSEY

985 CA 21-00255.

200 A.D.3d 1684 (2021)

161 N.Y.S.3d 589

2021 NY Slip Op 07405

Jacqueline Massey-Hughes et al., Appellants-Respondents, v. Shawn Massey, Individually, as Trustee of the Edward J. Massey, Jr. Trust, and as Executor of the Estate of Edward J. Massey, Jr., Deceased, et al., Respondents-Appellants.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

SEARLES, SHEPPARD & GORNITSKY, PLLC, NEW YORK CITY ( JOSHUA I. GORNITSKY OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.

HARRIS BEACH PLLC, SYRACUSE ( JULIAN B. MODESTI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

Present —Carni, J.P., Lindley, NeMoyer, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting plaintiffs' cross motion in part and granting plaintiffs summary judgment on their first cause of action insofar as that cause of action sought an accounting and as modified the order is affirmed without costs.

Memorandum: Plaintiffs and Shawn Massey (defendant) are siblings and the children of Edward J. Massey, Jr. (decedent), who died in October 1998. Decedent's will...

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