Lawyers' Fund v. Gateway State Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from an order of the Supreme Court (Keegan, J.), entered May 3, 1996 in Albany County, which denied defendant’s motion to dismiss the complaint for, inter alia, lack of standing.
In August 1984, Michael Mancuso murdered Evelina Mancuso, the mother of Michelle Mancuso, who was then under 18 years of age. Thereafter, pursuant to an order of Supreme Court, Kings County, dated July 11, 1989, an express trust was created for Michelle’s benefit, the corpus being the proceeds of a life insurance policy on the life of Evelina Mancuso. Maria Guttadauria-Ellman was appointed trustee. In February…
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