Legal Opinion
Georgius v. Village of Morrisville
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2011PublishedCited by 3 opinions
1Opinion of the CourtRose, J.
Plaintiff, as trustee of the Georgius Family Trust, commenced this action alleging that defendants damaged property owned by the trust while installing a sewer system. After plaintiffs wife, Elizabeth Hughes, was disqualified from acting as his attorney due to a conflict of interest (83 AD3d 1158 [2011]), plaintiff sought to join her as a necessary party. Supreme Court denied the motion, plaintiff appeals and we affirm.
Hughes’ status as a cotrustee and cobeneficiary of the trust does not make her a necessary party here (see CPLR 1001 [a]). While trustees are generally required to act…
2Cases cited6 opinions
- McKnight v. Bank of New York & Trust Co.New York Court of Appeals · 1930
- Jackson v. TallmadgeNew York Court of Appeals · 1927
- In re the Accounting of LuckenbachNew York Court of Appeals · 1952
- Fiduciary Co. v. Micro-Therapeutics, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Georgius v. Village of MorrisvilleAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by3 opinions
- Matter of Terian v. TerianAppellate Division of the Supreme Court of the State of New York · 2018
- McCauley v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2013
- McCauley v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2013