Legal Opinion

Lincoln First Bank, N. A. v. Sanford

Appellate Division of the Supreme Court of the State of New York

Decided December 26, 1991No. Appeal No. 1PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Balio, J.

The principal issue raised on appeal is whether Surrogate’s Court has subject matter jurisdiction over a stockholder derivative action instituted by an executor and testamentary trustee on behalf of the estate of a deceased stockholder. We conclude that, under the circumstances of this case, Surrogate’s Court does not have jurisdiction.

Prior to his death on March 3, 1981, Alexander B. Ireland was the owner of 50% of the stock of Rochester Air Freight Service Corporation, Buf-Air Freight Corporation and Buf-Air Express, Inc. Buy-sell agreements executed by Ireland…

2Cases cited16 opinions

  1. Abrams v. DonatiNew York Court of Appeals · 1985
  2. In re the Estate of PiccioneNew York Court of Appeals · 1982
  3. Glenn v. Hoteltron Systems Inc.New York Court of Appeals · 1989
  4. In re the Estate of PulitzerNew York Surrogate's Court · 1931
  5. Dunham v. DunhamAppellate Division of the Supreme Court of the State of New York · 1972

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3Cited by8 opinions

  1. Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Shui Kam Chan v. Kwak Yak LouisAppellate Division of the Supreme Court of the State of New York · 2003
  3. In re the Estate of ParrinelloAppellate Division of the Supreme Court of the State of New York · 1995
  4. In re HershAppellate Division of the Supreme Court of the State of New York · 2013
  5. In re HershAppellate Division of the Supreme Court of the State of New York · 2013

3 more not listed; retrieve them via the Exa API.

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