FLAGG v. LEVY


27 A.D.2d 952 (1967)

Paul H. Flagg, an Infant, by Paul M. Flagg, His Guardian ad Litem, Respondent, et al., Plaintiff, v. Bessie Levy, Individually and as Trustee under The Will of Hannula T. Levy, Deceased, Appellant

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

April 24, 1967


Modified, on the law, by (1) striking out so much of the decretal provision as is against defendant in her capacity of trustee and (2) providing, in lieu thereof, that the complaint is dismissed as to her in that capacity, without costs. As so modified, judgment affirmed, with costs to respondent against defendant in her individual capacity (Kirchner v. Muller, 280 N.Y. 23). The findings of fact below...

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