MATTER OF DUELL

File Nos. 4835G/77, 4835H/77, Appeal No. 1883-1884, Case Nos. 2022-05387, 2023-00962.

2024 NY Slip Op 01505

IN THE MATTER OF THE ESTATE OF MANNY E. DUELL, Deceased. BENJAMIN DUELL, Respondent, ANDREW DUELL, Appellant.

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

Decided March 19, 2024.


Attorney(s) appearing for the Case

Wiggin and Dana LLP, New York ( Steven B. Malech of counsel), for appellant.

Arnold & Porter Kaye Scholer LLP, New York ( Peta Gordon of counsel), for respondent.

Before: Moulton, J.P., Gesmer, Mendez, Michael, JJ.


Decrees, Surrogate's Court, New York County (Rita Mella, S.), entered September 16, 2022, which judicially settled the accounts for (1) Fund B for the period April 1, 1997-December 31, 1998 and (2) the Fund B sub-trust for the benefit of Andrew Duell for the period January 1, 1999-December 1, 2011, unanimously affirmed, with costs.

The Surrogate properly granted petitioner Benjamin Duell (as executor of the will of Irene Duell)'s motion for summary judgment dismissing...

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