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MTR. OF WARREN v. CROPSEY

29 A.D.2d 290 (1968)

In the Matter of Marcia Warren, Appellant, v. Ann Cropsey et al., Individually and as Trustees Under a Trust Created by Charles A. Simmons, Sr., Respondents

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

February 29, 1968.

Attorney(s) appearing for the Case

McChesney & Kenney (Thomas V. Kenney of counsel), for appellant.

DeGraff, Foy, Conway & Holt-Harris (John T. DeGraff of counsel), for Helen S. O'Brien and another, respondents.

Cooper, Erving & Savage (Eugene P. Devine of counsel), for Ann Cropsey and another, respondents.

HERLIHY, J. P., and REYNOLDS, J., concur with STALEY, JR., J.; AULISI, J., dissents and votes to reverse in an opinion in which GABRIELLI, J., concurs.

STALEY, JR., J.

This is an appeal from an order of Supreme Court, Greene County, entered on September 6, 1966, which dismissed the petition herein for failure to state a cause of action, and denied petitioner's motion to compel the return of certain preferred stock to an alleged trust. (Matter of Warren v. Cropsey, 51 Misc.2d 399.)

Charles A. Simmons, Sr...

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