MATTER OF BRANDT


81 A.D.2d 268 (1981)

In the Matter of The Estate of William Brandt, Deceased. Jody B. Grotzinger et al., Respondents; Beulah Levine et al., Appellants

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

June 16, 1981


Attorney(s) appearing for the Case

Max Freund of counsel (Manuel Maxwell, Joel W. Sternman and Roger D. Lorence with him on the brief; Rosenman Colin Freund Lewis & Cohen, attorneys), for Martin Levine, appellant.

Daniel Eisenberg of counsel (Greenfield Eisenberg Stein & Senior, attorneys), for Richard Brandt, appellant.

Marshall C. Berger of counsel (Howard S. Modlin with him on the brief; Weisman, Celler, Spett, Modlin & Wertheimer, attorneys), for Trustees, appellants.

Gerald Dickler of counsel (Paul Sarno and Robin Hirsch with him on the brief; Hall Dickler Lawler Kent & Howley, attorneys), for respondents.

ROSS, CARRO, SILVERMAN, and BLOOM, JJ., concur.


SULLIVAN, J. P.

Petitioners, Jody Brandt Grotzinger and Geoffrey Brandt, partial remaindermen of two trusts under their grandfather's will, commenced this proceeding in the Surrogate's Court to remove the three surviving trustees for violations of fiduciary duty and for an assessment of damages against Martin Levine and Richard Brandt, the general partners of a limited partnership in which the trusts have a 50...

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