Legal Opinion

Community Service Society v. New York Community Trust

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

Decided September 21, 2000PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Andelas, J.

These cross appeals present issues of whether the Surrogate correctly found that the Distribution Committee of the New York Community Trust (collectively, Community Trust) had abused its discretion in exercising its variance powers to terminate specific bequests to the Community Service Society of New York (CSS); whether a six-year Statute of Limitations should apply to this proceeding: whether CSS’s claims are barred by laches; and whether the Community Trust should have notified the Attorney General of its intention to discontinue the payment of such bequests.

C…

2Cases cited5 opinions

  1. In re the Estate of BarabashNew York Court of Appeals · 1972
  2. Mercury Bay Boating Club Inc. v. San Diego Yacht ClubNew York Court of Appeals · 1990
  3. Mercury Bay Boating Club Inc. v. San Diego Yacht ClubAppellate Division of the Supreme Court of the State of New York · 1989
  4. In re the Estates of DavisNew York Surrogate's Court · 1967
  5. Salvation Army v. New York Community TrustAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by7 opinions

  1. In re HarmonAppellate Division of the Supreme Court of the State of New York · 2010
  2. In re the Estate of DruckNew York Surrogate's Court · 2005
  3. Haynes v. HaynesAppellate Division of the Supreme Court of the State of New York · 2010
  4. In Re FischerUnited States Bankruptcy Court, E.D. New York · 2001
  5. In re Mary Holbrook Russell Memorial Scholarship FundNew York Surrogate's Court · 2001

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