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PARKER v. ROGERSON

35 N.Y.2d 751 (1974)

William Parker, as Guardian of the Persons and as Coguardian of the Property of Bertram P. Parker, and Another, Respondent, v. J. Russell Rogerson, Individually and as Executor and Trustee of Geraldine G. Bellinger, Deceased, et al., Appellants, and Manufacturers Hanover Trust Company, Individually and as Executor and Trustee of Geraldine G. Bellinger, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 23, 1974.

Attorney(s) appearing for the Case

Raichle, Banning, Weiss & Halpern for appellants.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.

MEMORANDUM.

Rogerson and Phelps Can Co., defendants in a complex litigation, have appealed both to this court and the Appellate Division from a final judgment at Supreme Court. The litigation involved Rogerson's self-dealing with an estate's capital stock in Phelps while he served as executor. The appeal to this court is by direct appeal pursuant to CPLR 5601 (subd. [d]), seeking review of a prior order of the Appellate Division...

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