Matter of Sakow

CourtNew York Supreme Court Appellate Division
Citation280 A.D.2d 378,721 N.Y.S.2d 34
PartiesIn the Matter of the Estate of MAX SAKOW, Deceased.<BR>WALTER SAKOW, Appellant;<BR>DIANA SAKOW et al., Respondents, and<BR>HARRIET SILLEN et al., Appellants.
Decision Date20 February 2001

280 A.D.2d 378
721 N.Y.S.2d 34

In the Matter of the Estate of MAX SAKOW, Deceased.
WALTER SAKOW, Appellant;
DIANA SAKOW et al., Respondents, and
HARRIET SILLEN et al., Appellants.

Decided February 20, 2001.


Concur — Williams, J.P., Tom, Andrias, Lerner and Friedman, JJ.

The Surrogate properly granted the application of objectant-respondent sisters for the appointment of a temporary receiver to oversee the Bronx properties. The election of remedies doctrine did not preclude the sisters from switching to the second of the two equitable remedy options made available by the Surrogate, which would provide them with immediate tangible benefits, because requiring them, at their advanced age, to continue with the option they originally chose would have engendered a protracted accounting proceeding covering a 40-year period, and, in so doing, would have effectively deprived them of any remedy at all (see, Clark v Kirby, 243 NY 295, 303). The appointment of a receiver was otherwise warranted in light of clear and convincing evidence that objectant-appellant Walter Sakow's continued control of the Bronx properties

[280 A.D.2d 379]

would result in irreparable harm to the sisters' interests therein (cf., McBrien v Murphy, 156 AD2d 140).

The notices of pendency for the Bronx properties and the additional properties having expired or been vacated and the sisters having failed to seek an extension pursuant to CPLR 6513, they should not have been permitted to file new notices with respect to those properties (see, Slutsky v Blooming Grove Inn, 147 AD2d 208, 212).

Objectant-appellant's counsel's offer to produce bank accounts and tax returns related to the Bronx properties after having been notified that his client's sisters had purportedly relinquished their right to an accounting by choosing the second remedial option amounts to a waiver of objectant-appellant's claim that he should not have to produce...

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5 practice notes
  • FTBK Investor II LLC v. Genesis Holding LLC, 810163/2011
    • United States
    • United States State Supreme Court (New York)
    • August 19, 2014
    ...prejudice from this interval of delay; and the court discerns none. Tishman Constr. 7 N.Y.S.3d 830Corp. of N.Y. v. City of New York, 280 A.D.2d at 378, 720 N.Y.S.2d 487.The sole claim of prejudice to plaintiff is raised merely by its attorney, who suggests that a formal pleading of lack of ......
  • Glynos v. Dorizas, Index No. 113984/2011
    • United States
    • United States State Supreme Court (New York)
    • March 6, 2015
    ...affirmative defense in his answer, nor does the court discern any such prejudice. Tishman Constr. Corp. of N.Y. v. City of New York, 280 A.D.2d at 378. Plaintiff has not shown that the addition of this defense will hinder him from preparing support for his claim and the relief sought or tak......
  • Rutigliano v. William Locantro, Robert Romanoff, Edm Elec. Contractors, Inc., Index No. 654118/2015
    • United States
    • United States State Supreme Court (New York)
    • March 3, 2017
    ...corporation or its assets." McBrien v. Murphy, 156 A.D.2d 140, 140 (1st Dep't 1989); see also In re Judicial Accounting of Sakow, 280 A.D.2d 378, 378 (1st Dep't 2001), aff'd sub nom. In re Sakow, 97 N.Y.2d 436 (2002). It is well established that courts are to exercise "extreme cau......
  • Eugene v. Eugene, 6274N
    • United States
    • New York Supreme Court Appellate Division
    • April 12, 2018
    ...evidence that continued control by respondent executor would result in irreparable harm to their interests (see Matter of Sakow, 280 A.D.2d 378, 721 N.Y.S.2d 34 [1st Dept. 2001], affd 97 N.Y.2d 436, 741 N.Y.S.2d 175, 767 N.E.2d 666 [2002] ; CPLR 6401 ). The potential objectants submitted ev......
  • Request a trial to view additional results
5 cases
  • FTBK Investor II LLC v. Genesis Holding LLC, 810163/2011
    • United States
    • United States State Supreme Court (New York)
    • August 19, 2014
    ...prejudice from this interval of delay; and the court discerns none. Tishman Constr. 7 N.Y.S.3d 830Corp. of N.Y. v. City of New York, 280 A.D.2d at 378, 720 N.Y.S.2d 487.The sole claim of prejudice to plaintiff is raised merely by its attorney, who suggests that a formal pleading of lack of ......
  • Glynos v. Dorizas, Index No. 113984/2011
    • United States
    • United States State Supreme Court (New York)
    • March 6, 2015
    ...affirmative defense in his answer, nor does the court discern any such prejudice. Tishman Constr. Corp. of N.Y. v. City of New York, 280 A.D.2d at 378. Plaintiff has not shown that the addition of this defense will hinder him from preparing support for his claim and the relief sought or tak......
  • Rutigliano v. William Locantro, Robert Romanoff, Edm Elec. Contractors, Inc., Index No. 654118/2015
    • United States
    • United States State Supreme Court (New York)
    • March 3, 2017
    ...corporation or its assets." McBrien v. Murphy, 156 A.D.2d 140, 140 (1st Dep't 1989); see also In re Judicial Accounting of Sakow, 280 A.D.2d 378, 378 (1st Dep't 2001), aff'd sub nom. In re Sakow, 97 N.Y.2d 436 (2002). It is well established that courts are to exercise "extreme cau......
  • Eugene v. Eugene, 6274N
    • United States
    • New York Supreme Court Appellate Division
    • April 12, 2018
    ...evidence that continued control by respondent executor would result in irreparable harm to their interests (see Matter of Sakow, 280 A.D.2d 378, 721 N.Y.S.2d 34 [1st Dept. 2001], affd 97 N.Y.2d 436, 741 N.Y.S.2d 175, 767 N.E.2d 666 [2002] ; CPLR 6401 ). The potential objectants submitted ev......
  • Request a trial to view additional results

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