MATTER OF BANKERS TRUST CO. OF ROCHESTER


62 N.Y.2d 821 (1984)

In the Matter of the Accounting of Bankers Trust Company of Rochester, as Trustee under a Unitrust Agreement and for the Benefit of Philip Y. Hahn, Deceased. Bankers Trust Company of Western New York, Respondent; Philip Y. Hahn Foundation et al., Appellants.

Court of Appeals of the State of New York.

Decided June 5, 1984.


Attorney(s) appearing for the Case

Charles S. Desmond for Philip Y. Hahn Foundation, appellant.

Paul B. Zuydhoek and Arthur B. Sherwood for the Estate of Philip Y. Hahn, deceased, appellant.

Michael R. Law and Robert F. Zogas for the Estate of Muriel M. Hahn, deceased, appellant.

Robert Abrams, Attorney-General (Bernard Toomin, Peter H. Schiff, Daniel L. Kurtz and Jonathan J. Silbermann of counsel), for Ultimate Charitable Beneficiaries, appellants.

Laura B. Hoguet and E. Bayard Halsted for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs to respondent payable by all appellants jointly, for the reasons stated in the opinion Per Curiam in that court (93 A.D.2d 583).

In view of the arguments pressed in our court we add that, even if this trustee had settled on a plan (perhaps more accurately, an objective) to effect the prompt liquidation...

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