Parker v. Rogerson

Memorandum. Rogerson and Phelps Can Co., defendants in a complex litigation, have appealed both to this court and the Appellate Division from .a final judgment at Supreme Court. The litigation involved Rogerson’s self-dealing with an estate’s capital stock in Phelps while he served as executor. The appeal to this court is by direct appeal pursuant to CPLR 5601 (subd. [d]), seeking review of a prior order of the Appellate Division *753which, inter alia, declared Rogerson and Phelps constructive trustees of the corporate stock and directed an accounting. The appeal to the Appellate Division is by…