Surrogate Rita Mella
Co-trustee Abrams moved for partial summary judgment, seeking to dismiss three of various objections to her intermediate accounting. The three sets of objections would deny Abrams her statutory commissions as co-trustee. Abrams’ brother, Jeffrey Lasdon, his daughter, Jacqueline, the trust beneficiary, and a guardian ad litem for her unborn issue, were objectants. The objections seek to deny Abrams her annual commissions as barred by the statute of limitations, and because Abrams did not serve or furnish annual statements. The court noted this motion “follows on the heels” of a settlement of final accounts for identical trusts for Arbams’ children’s benefit, and involved identical objections to those at issue here. The First Department specifically rejected the claim that a failure to provide annual statements resulted in a forfeiture of annual commissions. The court also rejected the statute of limitations argument in the prior motion. It stated a trustee was not deemed to have waived any commissions by failure to retain them at the time she became entitled to them, as the trustee may receive the commissions on settlement of her account. Thus, the court granted Abrams partial summary judgment dismissing the objections.
