BIRNBAUM v. BIRNBAUM


117 A.D.2d 409 (1986)

In the Matter of Janice S. Birnbaum et al., Appellants, v. Saul I. Birnbaum, Respondent In the Matter of Ilene L. Flaum, Appellant, v. Saul I. Birnbaum, Respondent, and Janice S. Birnbaum, Appellant

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

May 23, 1986


Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (James M. Hartman of counsel), for Janice S. Birnbaum, appellant.

Fix, Spindelman, Turk, Himelein & Shukoff (Norman M. Spindelman of counsel), for Ilene L. Flaum, appellant.

Woods, Oviatt, Gilman, Sturman & Clarke (Percival D. Oviatt, Jr., of counsel), for Central Trust Company, appellant.

Stroock & Stroock & Lavan and Traynor, Skehan & Marks (Thomas P. Puccio, Robert J. Zastrow and Burton N. Lipshie of counsel), for Saul I. Birnbaum, respondent.

MacKenzie, Smith, Lewis, Michell & Hughes (Carter H. Strickland of counsel), for Jay B. Birnbaum.

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


DENMAN, J.

In these consolidated proceedings petitioners seek to remove and surcharge respondent Saul I. Birnbaum as coexecutor in the estate of his brother, decedent Bernard P. Birnbaum; to vacate a "Release and Discharge" pursuant to which certain estate assets were transferred to respondent; to impose a constructive trust for the benefit of the estate on a 36.4285% interest in a shopping center enterprise...

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