Azoy v.Fowler/ New York Appellate Court/ 57 A.D. 2d 541
Jan 01, 1976
The Appellate Court on appeal ruled that my client prevailed in her right to a jury trial on the alleged fraudulent conduct of the executor of the estate..
My client , a New York Times reporter, contended that an executor had committed fraud and had diverted assets away from the rightful heirs and beneficiaries of the estate. The claimed fraudulent activity was not discovered for many years after the estate had been closed. My client sued and the court held that the client could file a timely suit and have a jury trial fto try to prove fraud within two years after the discovery of the wrongful acts, even if the discovery did not occur until the passage of many years.