New York Civil Practice
Law & Rules



NYCPLR Article 76

PROCEEDING TO ENFORCE AGREEMENT FOR DETERMINATION OF ISSUE

7601. Special proceeding to enforce agreement that issue or controversy be determined by a person named or to be selected.

S 7601. Special proceeding to enforce agreement that issue or controversy be determined by a person named or to be selected. A special proceeding may be commenced to specifically enforce an agreement, other than one contained in the standard fire insurance policy of the state, that a question of valuation, appraisal or other issue or controversy be determined by a person named or to be selected. The court may enforce such an agreement as if it were an arbitration agreement, in which case the proceeding shall be conducted as if brought under article seventy-five. Where there is a defense which would require dismissal of an action for breach of the agreement, the proceeding shall be dismissed.



NYCPLR ARTICLE 77

PROCEEDING RELATING TO EXPRESS TRUST


7701. Special proceeding relating to express trust.
7702. Verified account accompanying petition.
7703. Joinder and representation of persons interested in trust property.
7704. Reference.
7705. Recording or filing instrument settling account.
7706. Order on filing instrument settling account.

S 7701. Special proceeding relating to express trust. A special proceeding may be brought to determine a matter relating to any express trust except a voting trust, a mortgage, a trust for the benefit of creditors, a trust to carry out any plan of reorganization of real property acquired on foreclosure or otherwise of a mortgage or mortgages against which participation certificates have been issued and guaranteed by a corporation and for which the superintendent of insurance or the superintendent of banks has been or may hereafter be appointed rehabilitator or liquidator or conservator, a trust to carry out any plan of reorganization pursuant to sections one hundred nineteen through one hundred twenty-three of the real property law or pursuant to section seventy-seven B of the national bankruptcy act, and trusts for cemetery purposes, as provided for by sections 8-1.5 and 8-1.6 of the estates, powers and trusts law.

Any party to the proceeding shall have the right to examine the trustees, under oath, either before or after filing an answer or objections, as to any matter relating to their administration of the trust, in accordance with the provisions of article thirty-one.


Top of Page      


Article 77 Continued . . .

S 7702. Verified account accompanying petition. A petition by a trustee praying that his intermediate or final account be judicially settled shall be accompanied by an account verified in the form required by section twenty-two hundred nine of the surrogate`s court procedure act.

S 7703. Joinder and representation of persons interested in trust property. The provisions as to joinder and representation of persons interested in estates as provided in the surrogate`s court procedure act shall govern joinder and representation of persons interested in express trusts. For these purposes, the term "will" used in the surrogate`s court procedure act shall be construed to mean the instrument creating the trust.

S 7704. Reference. No referee shall be appointed to examine and audit a trustee`s account, or to hear and report on or to determine any questions arising upon the settlement of such account, where:
1. a question of law exclusively is involved; or
2. no objections have been filed to the transactions set forth in the account by any of the persons interested in the trust or by any representative authorized under section 1201 to appear for an infant or incompetent interested in the trust or by a guardian ad litem of a person not in being interested in the trust.

S 7705. Recording or filing instrument settling account. There may be recorded or filed in the office of the clerk or register of the county where any trustee under an express trust not created by will, if an individual, resides, or, if a corporation, has its principal office, any instrument settling an account, in whole or in part, executed by one or more such trustees and by one or more of the persons interested in the subject-matter of the trust, none of whom is under the disability of infancy or incompetency. Every such instrument to be recorded or filed shall be acknowledged; and if recorded the record thereof, or a certified copy of the record or instrument shall be prima facie evidence of the contents of such instrument and its due execution.

S 7706. Order on filing instrument settling account. Where an instrument described in section seven thousand seven hundred five of this article has been executed by all of the persons who would be necessary parties in a proceeding under section seven thousand seven hundred one of this article, none of whom is under the disability of infancy or incompetency, one or more of the trustees may present to the court a petition showing the names and post office addresses of all persons interested in the trust, whether or not the trust has been fully executed, that the petitioner has fully accounted and made full disclosure in writing of his administration of the trust to all persons interested, and praying that his intermediate or final account be judicially settled. There shall be filed with the petition the instrument described in section seven thousand seven hundred five of this article. The court may thereupon make an order settling the petitioner`s account and discharging the petitioner and sureties on his bond, if any, from any further liability to all persons interested therein.