1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 5 N.Y.2d
  5. 5 N.Y.2d 743 (1958)
 

HYLAND v. AUSPITZER

5 N.Y.2d 743 (1958)

Veronica T. Hyland et al., as Administrators C. T. A. of The Estate of James W. Gerard, Deceased, et al., Appellants, v. Regina D. Auspitzer, as Executrix of Richard G. Auspitzer, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Henry Cohen, David Stock, Daniel M. Sandomire and Edgar M. Rubin for appellants.

Francis B. Delehanty, Jr., and Harold H. Corbin for Regina D. Auspitzer, respondent.

Thomas F. Lynch for United States Steel Corporation and another, respondents.

Concur: Judges DYE, FROESSEL, VAN VOORHIS and BURKE. Judge DESMOND dissents in the following opinion in which Chief Judge CONWAY and Judge FULD concur.

Judgment affirmed, with costs.

DESMOND, J. (dissenting).

This record, as I read it, proves beyond dispute that Auspitzer breached a fiduciary duty to Gerard and the Daly estate by failing to disclose that he was to receive from defendant United States Steel Corporation for his Schloetter stock a price per share much higher than Gerard and the Daly estate were to get. Up to the time of the final purchase by United States Steel Corporation of these...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases