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D'AMICO v. FIRST UNION NATL.

285 A.D.2d 166 (2001)

728 N.Y.S.2d 146

CLAUDIA D'AMICO, Respondent, v. FIRST UNION NATIONAL BANK et al., Appellants.

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

July 19, 2001.

Attorney(s) appearing for the Case

Ambrose M. Richardson of counsel, New York City (Richardson Mahon Casey & Rooney, L. L. P., attorneys), for respondent.

Mark L. LoSacco of counsel, New York City (Lawrence E. Miller and Donna L. Gordon on the brief; LeBoeuf, Lamb, Greene & MacRae, L. L. P., attorneys), for First Union National Bank, appellant.

Jack Kaufmann of counsel, New York City (Helena Tavares Erickson on the brief; Dewey Ballantine, L. L. P., attorneys), for William B. Warren and another, appellants.

ROSENBERGER, J. P., TOM and ELLERIN, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.

Plaintiff commenced this action to recover money damages in excess of $12 million as the result of the alleged misappropriation of trust assets by her mother and uncle, now both deceased. When plaintiff's grandfather, Claude G. Aikens, a resident of Pennsylvania, died in 1966, he left a last will and testament that created both a marital deduction trust and a residuary trust, the second document being for the benefit of his...

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