Executor Surcharge In Sum of $630,000 Plus Interest for Breach of Fiduciary Duty in Selling Real Estate Property Grossly Below Its Fair Market Value
In a contested accounting proceeding, the movants had moved pursuant to CPLR §3212 for “an order granting partial summary judgment and seeking an order surcharging the executor the sum of $630,000 plus statutory interest for breach of his fiduciary duty in selling estate property grossly below its fair market value of $1.3 million.” The decedent had died on March 31, 2009. All of the residuary legatees and the Charities Bureau of the New York State Attorney General objected to an accounting on various grounds. The subject motions addressed an “objection relating to the sale of the decedent’s real property below market value.”
