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MATTER OF GARDINER

181 A.D.2d 91 (1992)

In the Matter of the Accounting of The United States Trust Company of New York, as Trustee of the Trust Known as The Gardiner's Island Trust Created Under The Will of Sarah D. Gardiner, Deceased Robert D.L. Gardiner, Appellant, v. United States Trust Company of New York, as Trustee of the Trust Known as The Gardiner's Island Trust, et al., Respondents

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

July 2, 1992

Attorney(s) appearing for the Case

Chester J. Straub of counsel (Ira H. Lustgarten, John J. Halloran, Jr., and Sean Anderson with him on the brief; Willkie Farr & Gallagher and Joseph R. Attonito, attorneys), for appellant.

Theodore R. Wagner of counsel (Lawrence F. Carnevale with him on the brief; Carter Ledyard & Milburn, attorneys), for United States Trust Company of New York, respondent.

Arthur Norman Field of counsel (David Wray with him on the brief; Shearman & Sterling, attorneys), for Alexandra Creel Goelet and others, respondents.

ELLERIN, KUPFERMAN, ASCH and KASSAL, JJ., concur.

MILONAS, J. P.

Gardiner's Island, a 3,300-acre land mass that is located at the eastern end of Long Island and is home to many species of wildlife, is considered to be of unique environmental and historic value. It has been owned by the Gardiner family since 1639, but in recent years members of the family have engaged in repeated litigation concerning the right to occupy, lease or sell the island. The present...

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