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TYDINGS v. GREENFIELD, STEIN & SENIOR, LLP

11 N.Y.3d 195 (2008)

FRIEDA TYDINGS, Respondent, v. GREENFIELD, STEIN & SENIOR, LLP, Appellant.

Court of Appeals of the State of New York.

Decided October 16, 2008.

Attorney(s) appearing for the Case

Kavanagh Maloney & Osnato LLP, New York City (James J. Maloney, David F. Bayne and Steven M. Cordero of counsel), for appellant.

Proskauer Rose LLP, New York City (Bertrand C. Sellier and Andy S. Oh of counsel), and Peter M. Levine for respondent.

Before: Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur; Chief Judge KAYE taking no part.

OPINION OF THE COURT

SMITH, J.

We hold that collateral estoppel does not prevent relitigation of a ruling that was an alternative basis for a trial-level decision, where an appellate court affirmed the decision without addressing that ruling. We also hold that, when a trustee resigns, the statute of limitations governing an action to compel her to account runs from the date the trusteeship is turned over to a successor trustee.

I

Frieda...

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