Logan v. Logan (In re Logan)
| Decision Date | 27 March 2019 |
| Docket Number | File No. 157528,2017–01420,2017–03442 |
| Parties | In the MATTER OF Nicholas D. LOGAN, also known as Nicholas D. Karapaleologou, Deceased. Penelope Sue Logan, Respondent; v. Demetrios N. Logan, Appellant. |
| Court | New York Supreme Court — Appellate Division |
170 A.D.3d 1178
97 N.Y.S.3d 246
In the MATTER OF Nicholas D. LOGAN, also known as Nicholas D. Karapaleologou, Deceased.
Penelope Sue Logan, Respondent;
v.
Demetrios N. Logan, Appellant.
2017–01420
2017–03442
File No. 157528
Supreme Court, Appellate Division, Second Department, New York.
Argued - November 16, 2018
March 27, 2019
Ray Elliot Shain, Garden City, NY, for appellant.
Laurino & Laurino (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Joel A. Sweetbaum and Marshall D. Sweetbaum ], of counsel), for respondent.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Corp. , 100 A.D.2d 509, 472 N.Y.S.2d 718 ); and it is further,
ORDERED that the order is affirmed; and it is further,
ORDERED that one bill of costs is awarded to Penelope Sue Logan payable by Demetrios N. Logan personally.
On September 25, 1970, Nicholas D. Logan, also known as Nicholas D. Karapaleologou (hereinafter the decedent), executed a last will and testament that, inter alia, created a trust for the benefit of his "natural grandchildren." After the decedent died on March 3, 1972, his attorney was appointed executor and trustee of his estate. The attorney later resigned, and Alice Ruth Logan (hereinafter Alice), the daughter-in-law of the decedent, was appointed as successor trustee of the estate.
By petitions for a compulsory accounting, both dated November 8, 2011, Penelope Sue Logan (hereinafter Penelope) sought to compel Alice, Penelope's mother, to account to her in Alice's capacity as successor trustee and executor of the decedent's estate. Alice filed verified answers, both dated January 18, 2012, in which she, inter alia, admitted that Penelope was a grandchild of the decedent and a beneficiary of the subject trust. In October 2013, Alice died, and her husband, Demetrios N. Logan (hereinafter Demetrios), who is the decedent's son, was substituted for her in these proceedings. On January 6, 2015, Penelope filed a third petition for a compulsory accounting. Demetrios filed a verified answer in which he admitted the allegations...
To continue reading
Request your trial
-
Simon v. Granite Bldg. 2, LLC
...actual or constructive notice of the dangerous condition (see Honeyman v. Curiosity Works, Inc., 154 A.D.3d 820, 822, 62 N.Y.S.3d 183 ; 97 N.Y.S.3d 246 Ortega v. Puccia, 57 A.D.3d 54, 61, 866 N.Y.S.2d 323 ; Wynne v. State of New York, 53 A.D.3d 656, 657, 863 N.Y.S.2d 222 ). Here, viewing th......
-
Hannon v. N.Y.S. Dep't of Human Rights
..."[I]t is within the exclusive authority of the Comptroller to evaluate the medical evidence and credit one medical opinion over another" 170 A.D.3d 1178( Matter of Loysen v. New York State & Local Retirement Sys. , 100 A.D.3d 1168, 1169, 953 N.Y.S.2d 734 ; see Matter of Swack v. Hevesi , 30......