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MATTER OF NEWHOFF

107 A.D.2d 417 (1985)

In the Matter of Joseph B. Newhoff, Deceased. Lawrence A. Cohen et al., Appellants; Florence Negin et al., Respondents. (And Three Other Proceedings.)

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

March 25, 1985

Attorney(s) appearing for the Case

Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C. (John J. Barnosky and Dolores Fredrich of counsel), appellant pro se and for Lawrence A. Cohen, appellant.

Ernest J. Belfi (Paul V. O'Brien of counsel), for Florence Negin and another, respondents.

Conroy, Giorgio, dePoto & Merritt (William Merritt of counsel), for Paul J. Newhoff and another, respondents.

TITONE, J. P., WEINSTEIN and BROWN, JJ., concur.

MANGANO, J.

The primary question to be resolved on these appeals is whether the Surrogate properly surcharged the appellant Cohen, as trustee and cotrustee of certain testamentary trusts, for losses incurred as a result of his investment of a substantial portion of each of the trust funds in Real Estate Investment Trusts (hereinafter REITS), which were primarily involved in construction and development loans...

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