### Matter of Asimov 2024 NY Slip Op 31977(U) June 4, 2024 Surrogate's Court, New York County Docket Number: File No. 2018-759/B Judge: Hilary Gingold Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York State and local government sources, including the New

York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 

### -------------------------------------------------------------------x Accounting by ERIC ASIMOV as the Executor Ofthe Will ofRUTH ASIMOV, aka RUTH SALZ,
Deceased. 

### -------------------------------------------------------------------x GINGOLD, S.
The following papers were read in determining the motion:
Notice ofMotion-Affidavitin Support ofMotion

- Affirmation in Support

- Exhibits

- Amendment to Affidavit in Support Objectionsto Accounting NewYorkCountySurrogate'sCourt DATA ENTRY DEPT.



## JUN 04 

## 2024

DECISION File no. 2018-759/B

Papers Numbered 1-4


### 5 6

In this contested accounting proceeding, Eric Asimov-the executor of Ruth Asimov's estate-moves pursuant to CPLR 3212 for summary judgment, to dismiss Daniel Asimov's objections to the accounting, and tojudicially settle the account. No papers have been filed in opposition. Background By way ofbackground, Ruth Asimov (hereinafter "decedent") died on February 18, 2018. Decedent was survived by herthree children: Eric Asimov, NanetteAsimov, and Daniel Asimov. Decedent'slast will and testamentdatedDecember26, 1993, was admittedto probate on April 30, 2018. OnNovember 21, 2022, Eric Asimov filed apetitionto settle the estate's accounting for the period February 18, 2018, to October 27, 2022. Nanette Asimovconsentedto settlingthe account.



### [* 1]Daniel Asimov filed objections to the accounting. Discussion Summaryjudgment may be granted when it is clear that no triable issues of fact exist 

### (Alvarez v Prospect Hosp., 68 NY2d 320,324 [1986]). The burden is upon the moving party to make a prima facie showing that the movant is entitled to summaryjudgment as a matter oflaw by presenting evidence in admissible form demonstrating the absence ofmaterial facts (id.). In a contested accountingproceeding,the fiduciary hasthe burdenofprovingthat all assets
are accounted for and that the accounting is complete and accurate. 

### (Estate of Rudin, NYLJ, Nov 2, 2005, at 28, col 5 [Sur Court, NY County], citing 

### Matter of Schnare, 191 AD2d 859 [3d Dept 1993]). A fiduciary makes a prima facie showing when the fiduciary files the account with an affidavit attesting to its accuracy (SCPA 

### § 2209). An objectant then bears the burden ofcoming forward with sufficient evidence to put the completeness and accuracy of the accounting into question 

### (Estate of Rudin, NYLJ, Nov 2, 2005, at 28, col 5). An "objectant must come forward with more than mere conjecture and suspicion to support his allegation that there are assets for which the trustees have not accounted" 

### (id., citing 

### Zuckerman v City of New York, 49 NY2d 557 [1980]). Based on the papers considered, Eric Asimov has made a pnma facie showing of entitlement to summaryjudgment 

### (see Alvarez, 68 NY2d at 324). The evidence he provides in support ofthe motion, together with his affidavit, indicates that all ofthe decedent's assets are accounted for and the accounting is complete and accurate. Eric Asimov avers that his paternal uncle, Isaac Asimov, gave the decedent approximately 287 personally autographed or inscribed copies of his books during his lifetime (Aff of Eric Asimov at 112; Amendmentto Affat ~2). Eric Asimov avers that the books "were not owned by

2 

### [* 2]

### [the decedent] and are not includable as estate assets" (Aff,ofEric Asimov at 

### ,13). He states, moreover, that when the decedent moved from her home in Long Island to a one-bedroom apartmentin Manhattan, she giftedthose volumesto Nanette Asimov (Aff, ofEric Asimov at 

### ,12). Eric Asimov further states that the final accounting accurately reflects the estate assets. He contends that the objections should be dismissed. The objectant, Daniel Asimov, has not opposed the current motion. He has not come forward with any evidence to question the completeness and accuracy ofthe accounting. Daniel Asimov's objections are dismissed as they are speculative and unsupported by any proof. He states, in sum and substance, that two complete sets ofIsaac Asimov's books, which belonged to the decedent and which are valued at $475,000, were omitted from the estate's accounting. He offers no additional proofaside from his conjecture and suspicion. He states that he needs answers about the whereabouts ofthe books. The parties, however, were given ample opportunity to conductdiscovery and have not done so despite an orderdated September20, 2023, in which this court scheduled discovery. Eric Asimov's motion is granted. Settle decree. The Clerk ofthe Courtis directedto send a copy ofthis decisionto the parties listedbelow.

### ~ Dated: June ~'2024

Ronald V. Zezima, Esq. rvzesq@aol.com Counsel for Exectuor, EricAsimov 

### Daniel Asimov asimov@msri.org 3 

### [* 3]Objectant 

### Nanette Asimov nanetteasimov@gmail.com

4 

### [* 4]