In re the Estate of Rothko
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLane, J.
We would affirm the decree with one modification (to be discussed later), on the comprehensive opinion of Surrogate Midonick (84 Misc 2d 830). However, a few additional comments are necessary to clarify our position.
We are all in agreement that the executors Reis and Stamos had a conflict of interest and divided loyalty in view of their nexus to Marlborough Gallery, Inc. A majority of this court is also in agreement with the assessment of the liability of the executor Levine which was made by the Surrogate. Furthermore, we concur in the findings of liability against the Marlborough defendants…
2Cases cited8 opinions
- Sheldon v. Metro-Goldwyn Pictures Corp.Supreme Court of the United States · 1940
- Baker v. . DrakeNew York Court of Appeals · 1873
- Simon v. Electrospace Corp.New York Court of Appeals · 1971
- Jones v. . MorganNew York Court of Appeals · 1882
- Menzel v. ListNew York Court of Appeals · 1969
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3Cited by56 opinions
- In re the Estate of RothkoNew York Court of Appeals · 1977
- Thruway Messenger Service, Inc. v. Marini (In Re Marini)United States Bankruptcy Court, E.D. New York · 1983
- Birnbaum v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1986
- In re the Estate of SaxtonAppellate Division of the Supreme Court of the State of New York · 2000
- Birnbaum v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1990
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