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GINSBERG v. RUDEY

280 A.D.2d 267 (2001)

720 N.Y.S.2d 123

DONALD GINSBERG, as Executor of ROBERT L. GINSBERG, Deceased, and on Behalf of PALACE MANAGEMENT INC., Respondent-Appellant, v. JOHN M. RUDEY, Appellant-Respondent, et al., Defendants. JOHN M. RUDEY, Appellant-Respondent, v. DONALD GINSBERG, Respondent, et al., Defendants.

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

Decided February 1, 2001.

The trial court properly precluded Rudey from offering evidence of, or conducting cross-examination concerning, plaintiff executor Ginsberg's alleged mishandling of plaintiff estate as irrelevant to the issue at trial, namely, whether Rudey, Ginsberg or both breached fiduciary duties owing to Palace Management and Buena Vista Investment Corp. Rudey's contention that the award of attorneys' fees was improper under Florida Statutes Annotated § 607.07401 (6) is raised for...

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