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MATTER OF BANK OF NEW YORK

276 A.D.2d 407 (2000)

717 N.Y.S.2d 512

In the Matter of BANK OF NEW YORK, as Surviving Trustee of Trusts Created by KUO CHING LI, JR., as Grantor, Respondent. LING KUO LI et al., Appellants.

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

Decided October 24, 2000.

At issue is whether the conduct of petitioner bank complied with the prudent person standard, the standard applicable to the bank's performance as trustee of the subject trusts at the times of the breaches of duty alleged against the bank by respondent trust beneficiaries (see, EPTL 11-2.2 [a] [1]; see also, Matter of Janes, 90 N.Y.2d 41, 49; Matter of Bank of N. Y. [Spitzer], 35 N.Y.2d 512

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