Griffith v. Bank of New York

CAFFEY, District Judge.

The defendant moves to dismiss the complaint. The plaintiff was the co-beneficiary and co-remainderman of a testamentary trust of which the defendant was the trustee.

The complaint seeks a money recovery from the trustee for breach of trust duties. There had been a judgment in the Supreme Court, New York-County, settling the account of the trustee and releasing it from further liability. This was entered pursuant to a stipulation between the beneficiaries and the defendant (complaint, paragraphs 4, 5 and 6). The settlement agreement has been carried out (complaint,…