MATTER OF WEINBERG


129 A.D.2d 126 (1987)

In the Matter of Rotraut L.U. Beiny, as Trustee of the Trust Created by Elisabeth N.F. Weinberg, as Grantor. Rotraut L.U. Beiny, Appellant-Respondent; Martin Wynyard, Respondent-Appellant

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

June 18, 1987


Attorney(s) appearing for the Case

Donald C. Christ of counsel (Garrard R. Beeney, Lauretta E. Murdock and Daryl A. Libow with him on the brief; Sullivan & Cromwell, attorneys), for Martin Wynyard.

David F. Dobbins of counsel (Richard D. Parsons, Ann Loeb and Heather Diddel with him on the brief; Patterson, Belknap, Webb & Tyler, attorneys), for Rotraut L.U. Beiny.

MURPHY, P. J., MILONAS, KASSAL and WALLACH, JJ., concur; KUPFERMAN, J., dissents in part in an opinion.


Per Curiam.

The present motion for suppression of allegedly improperly obtained material and disqualification of counsel comes in the context of a trust accounting proceeding commenced by petitioner Martin Wynyard. Wynyard and his family are the beneficiaries of the trust in question which has as its corpus 45% of the voting shares of the Antique Company of New York (ACNY). The trustee of this trust and respondent to the...

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