CASHMAN v. PETRIE


19 A.D.2d 520 (1963)

John A. Cashman, as Sole Surviving Successor Trustee under The Will of Vincent X. McGuire, Deceased, Respondent, v. Paul Petrie, Individually, as a Cotrustee under The Will of Walter L. McGuire, Deceased, and as a Director and Officer of McGuire Bros., Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 14, 1963


Order entered on October 26, 1962 denying defendants' motion to dismiss the complaint for insufficiency, unanimously reversed, on the law, with $20 costs and disbursements to the appellants, the motion granted, with $10 costs and the complaint dismissed, with costs.

It is apparent from the complaint — and the respondent in effect so concedes — that this is an action seeking relief by reason of conduct of trustee corporate directors alleged to be violative...

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