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LINCOLN FIRST BANK v. SANFORD

173 A.D.2d 65 (1991)

Lincoln First Bank, N. A., as Executor and Testamentary Trustee of Alexander B. Ireland, Deceased, Respondent, v. Delos N. Sanford et al., Respondents, and James Leiffer et al., Appellants. (Appeal No. 1.)

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

December 26, 1991

Attorney(s) appearing for the Case

Offermann, Mahoney, Cassano, Pigott, Greco & Whalen (Eugene Pigott of counsel), for James Leiffer and others, appellants.

Solin, Polito & Anderson (Richard Anderson and Joseph C. Ballister of counsel), for Lincoln First Bank, N.A., respondent.

DENMAN, P. J., CALLAHAN, LAWTON and DAVIS, JJ., concur.

BALIO, J.

The principal issue raised on appeal is whether Surrogate's Court has subject matter jurisdiction over a stockholder derivative action instituted by an executor and testamentary trustee on behalf of the estate of a deceased stockholder. We conclude that, under the circumstances of this case, Surrogate's Court does not have jurisdiction.

Prior to his death on March 3, 1981, Alexander B. Ireland...

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