In the Matter of the Estate of Nikita Z. Barabash, Ilya N. Barabash, Appellants Ignatz Barabas

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the Surrogate's order, holding that the fiduciary did not expressly repudiate his trust duties, so the statute of limitations defense was unavailable. The court also found the laches defense inapplicable, affirmed the admissibility of documentary evidence establishing the appellants' relationship, and confirmed that at least one appellant had standing to seek an accounting.