¶1— Decree unanimously affirmed, with costs. Memorandum: This case involves allegations of fraud and self-dealing on the part of fiduciary. On an examination of the record we agree with the, Surrogate that there are questions of fact which preclude summary judgment. (Appeal from decree of Monroe County Surrogate’s Court, Ciaccio, S. •— summary judgment.) Present — Hancock, Jr., J. P., Doerr, Denman, Green and Moule, JJ.
103 A.D.2d 1016
Birnbaum v. Birnbaum
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1984
Appellate Division of the Supreme Court of the State of New York · decided 1984-07-13
Decided 1984-07-13