Legal Opinion
In re the Accounting of Salkin
New York Supreme Court
Decided December 24, 1957PublishedCited by 3 opinions
1Opinion of the CourtVincent A. Lupiano, J.
This is a motion, pursuant to section 167 of the Civil Practice Act, by the donor beneficiary of an inter vivos trust to stay the proceeding by the trustee to settle his account.
The question to be determined is whether the court, in its discretion, should stay a trust accounting when simultaneously therewith the objectant thereto has instituted a conspiracy action against the trustee, and others, involving common issues and similar relief to that sought by the objectant in the trust accounting.
The facts are that in 1944, pursuant to the terms of a trust indenture, the trustee invested the…
2Cases cited3 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- In re the Arbitration between Big W. Construction Corp. & HorowitzAppellate Division of the Supreme Court of the State of New York · 1951
- Croker v. New York Trust Co.Appellate Division of the Supreme Court of the State of New York · 1923
3Cited by3 opinions
- BANK OF NEW YORK MELLON v. Walnut Place LLCDistrict Court, S.D. New York · 2011
- Elias v. Artistic Paper Box Co.Appellate Division of the Supreme Court of the State of New York · 1967
- In re the Final Accounting of O'SheaNew York Supreme Court · 1959