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BESSEMER TRUST CO., N.A. v. BRANIN

No. 02 Civ. 10276(JES).

498 F.Supp.2d 632 (2007)

BESSEMER TRUST COMPANY, N.A., Plaintiff, v. Francis S. BRANIN, Jr., Defendant.

United States District Court, S.D. New York.

July 23, 2007.

Attorney(s) appearing for the Case

Chadbourne & Parke LLP, Donald I. Strauber, Esq., C. Ian Anderson, Esq., Laura M. Jastrem, Esq., of Counsel, New York, NY, for Plaintiff.

Bond, Schoeneck & King, PLLC, Louis P. DiLorenzo, Esq., Michael I. Bernstein, Esq., Michael P. Coffins, Esq., of Counsel, New York, NY, for Defendants.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

At issue before the Court is plaintiff's Motion for Summary Judgment on defendant's counterclaims. Plaintiff, Bessemer Trust Company, N.A. ("Bessemer" or "plaintiff'), brought this action against defendant, Francis S. Branin, Jr. ("Branin" or "defendant"), alleging a violation of the rule of law set forth in Von Bremen v. MacMonnies, 200 N.Y. 41, 93 N.E. 186 (1910) and Mohawk Maintenance Co...

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