Dunlap v. MayerAnnotate this Case
Plaintiff John Dunlap was the executor of the New York estate (Estate) of Josephine Mayer, who passed away in 2016. Josephine was the lifetime beneficiary of a testamentary trust (Marital Trust) established by Josephine’s husband, Erwin Mayer. The Estate petitioned the trustee of the Marital Trust, defendant Maria Mayer, for an accounting. Maria objected to the petition, alleging that she was never a trustee of the Marital Trust and that she never had possession or control of the assets of the trust. The court dismissed the petition at a case management conference, without an evidentiary hearing to resolve the contested facts. The Court of Appeal concluded the court abused its discretion in doing so, and therefore reversed judgment and remanded for further proceedings.