Legal Opinion

Birnbaum v. Birnbaum

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

Decided May 23, 1986PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

Denman, J.

In these consolidated proceedings petitioners seek to remove and surcharge respondent Saul I. Birnbaum as coexecutor in the estate of his brother, decedent Bernard P. Birnbaum; to vacate a "Release and Discharge” pursuant to which certain estate assets were transferred to respondent; to impose a constructive trust for the benefit of the estate on a 36.4285% interest in a shopping center enterprise known as North Shore Mart; to compel an accounting of the estate’s interest in that property and reconveyance to the estate; to impose punitive damages and a surcharge…

2Cases cited7 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. In re the Estate of RothkoNew York Court of Appeals · 1977
  3. In re the Estate of RothkoAppellate Division of the Supreme Court of the State of New York · 1977
  4. In re the Estate of RothkoNew York Surrogate's Court · 1975
  5. Ledyard v. . BullNew York Court of Appeals · 1890

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3Cited by28 opinions

  1. In Re: Koreag, Controle Et Revision S.A.Court of Appeals for the Second Circuit · 1992
  2. Bank of America National Association v. Bassman FBT, L.L.C.Appellate Court of Illinois · 2012
  3. Blue Chip Emerald LLC v. Allied Partners Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Birnbaum v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1990
  5. Burlington Northern & Sante Fe Railway Co. v. Burlington Resources Oil & Gas Co.North Dakota Supreme Court · 1999

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