THE JUDICIAL SETTLEMENT OF THE FINAL ACCOUNT IN THE ESTATE OF EDYTHE FEINBERG, Deceased

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE FINAL ACCOUNT IN THE ESTATE OF EDYTHE FEINBERG, Deceased. (04/2511) — At the call of the calendar, this motion by the administrator of the estate of Edythe Feinberg for summary judgment to dismiss objections to her accounting was denied.

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IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE FINAL ACCOUNT IN THE ESTATE OF EDYTHE FEINBERG, Deceased. (04/2511) — At the call of the calendar, this motion by the administrator of the estate of Edythe Feinberg for summary judgment to dismiss objections to her accounting was denied.

The fiduciary’s accounting showed that decedent had died without assets with which to pay any part of a judgment in favor of objectant. In an accounting proceeding, the filing of a sworn account generally satisfies petitioner’s obligation to make a prima facie case, and the objectant must then come forward with evidence to establish that the accounting is inaccurate or incomplete (Matter of Schnare, 191 AD2d 859 [3d Dept], appeal den 82 NY2d 653 [1993]). Here, objectant has presented the fiduciary’s interrogatory answers which reveal a dispute of fact as to the ownership of assets in at least one joint account, as her counsel conceded at calendar. Further, the fiduciary’s inventory of assets shows personal property of value, thus raising additional questions as to the accuracy and completeness of the fiduciary’s account. Summary adjudication, which is available only where no material issues of fact exist (Alvarez v. Prospect Hosp., 68 NY2d 320 [1986]), is inappropriate in this case, and the fiduciary’s motion to dismiss the objections was accordingly denied.

THE JUDICIAL SETTLEMENT OF THE FINAL ACCOUNT IN THE ESTATE OF EDYTHE FEINBERG, Deceased

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE FINAL ACCOUNT IN THE ESTATE OF EDYTHE FEINBERG, Deceased. (04/2511) — At the call of the calendar, this motion by the administrator of the estate of Edythe Feinberg for summary judgment to dismiss objections to her accounting was denied.

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