Legal Opinion
Schwartz v. Schmergel
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 1986PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for breach of a limited partnership agreement and breach of fiduciary duty, the defendants Bruce Keller and Randall Keller, as executors of the estate of Frank J. Keller, appeal from an order of the Supreme Court, Nassau County (Oppido, J.), dated September 5, 1985, which denied their motion to dismiss the plaintiff’s complaint as against them.
Order affirmed, with costs.
The appellants have not demonstrated a prima facie defense of equitable estoppel, as they have not shown how their decedent relied to his detriment upon the plaintiff’s purportedly fraudulent…
2Cases cited4 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- De Sapio v. KohlmeyerNew York Court of Appeals · 1974
- Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
- American Reserve Insurance v. China InsuranceNew York Court of Appeals · 1948
3Cited by4 opinions
- Curran v. Estate of CurranAppellate Division of the Supreme Court of the State of New York · 2011
- Digitronics Inventioneering Corp. v. JamesonAppellate Division of the Supreme Court of the State of New York · 2008
- Jorge v. SuttonAppellate Division of the Supreme Court of the State of New York · 1987
- Miller v. MaoriAppellate Division of the Supreme Court of the State of New York · 1987