MATTER OF STANLEY


261 A.D.2d 243 (1999)

690 N.Y.S.2d 240

In the Matter of the Estate of EDWARD M. STANLEY, Deceased. SAUL B. SCHWARZ, as Coadministrator, Appellant, et al., Plaintiff; BANK OF NEW YORK, INC., et al., Respondents.

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

Decided May 18, 1999.


Contrary to appellant's procedural argument, his extensive factual presentation was properly considered by the Surrogate in the decision of defendants' motion. Substantively, we agree with the Surrogate that appellant has no valid claim that defendants' alleged negligence was the proximate cause of the event that produced the harm, or that, without the allegedly wrongful advice, the alleged harm would not have occurred (see, C & F Pollution Control v Fidelity &...

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