Salvation Army v. New York Community Trust

Order, Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about June 5, 1998, which granted the motion of respondent New York Community Trust for summary judgment dismissing as time-barred the claim by intervenorpetitioner Salvation Army for wrongful repudiation of it as a beneficiary of the subject trust, unanimously affirmed, without costs.

It is clear from documentary evidence in the récord that intervenor-petitioner Salvation Army had ample notice that the Distribution Committee of respondent New York Community Trust had invoked its discretionary variance power to…