MAGILL v. DUTCHESS BANK & TRUST CO.


150 A.D.2d 531 (1989)

Barbara Magill et al., Respondents, v. Dutchess Bank and Trust Company, Appellant

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

May 15, 1989


Ordered that the order is reversed, on the law, with costs, and the defendant's motion to strike the plaintiffs' demand for a jury trial is granted.

The plaintiffs, beneficiaries of a testamentary trust, commenced this action against the defendant, a cotrustee, to recover damages for a loss to the trust estate of income and principal caused by the defendant's alleged breach of trust. According to the plaintiffs, the defendant failed to exercise reasonable care, diligence...

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