Rosner v. Paley

Kupferman, J. P., and Silverman, J.,

dissent in a memorandum by Silver-man, J.: We would affirm the order appealed from, f Third-party defendants — attorneys Hawkins, Delafield and Wood — represented plaintiff June Rosner who was at least a nominal trustee under the trust created by her father; there were at least doubts as to the validity of her appointment and the appointment of her cotrustees (see Matter of Rosner v Caplow, 105 Misc 2d 592, mod 90 AD2d 44, affd 60 NY2d 880); there were further questions as to whether there had been improprieties and defalcations in the administration of the…