FLAUM v. BIRNBAUM


120 A.D.2d 183 (1986)

Ilene L. Flaum et al., Individually and as Coexecutrices and Cotrustees of Bernard P. Birnbaum, Deceased, et al., Appellants-Respondents, v. Saul I. Birnbaum, Individually and as Coexecutor and Cotrustee of Bernard P. Birnbaum, Deceased, Respondent-Appellant. (And a Third-Party Proceeding.)

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

November 10, 1986


Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (James M. Hartman of counsel), for appellants-respondents.

Suozzi, English & Klein, P. C. (David Trager and Richard H. Dolan of counsel), for respondent-appellant.

MacKenzie, Smith, Lewis, Michell & Hughes for third-party respondents.

CALLAHAN, J. P., DOERR, BOOMER and SCHNEPP, JJ., concur.


DENMAN, J.

Petitioners, beneficiaries of the estate of Bernard P. Birnbaum, seek an order removing and surcharging respondent Saul I. Birnbaum as coexecutor of the estate; imposing a constructive trust on 50% interest in two properties known as Queensbury Plaza and the bank parcel; ordering the reconveyance to the estate of 50% interest in Queensbury Plaza; directing an accounting by Saul of the profits from...

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