KIRSHTEIN v. AMERICU CREDIT


65 A.D.3d 147 (2009)

882 N.Y.S.2d 610

MURRAY J.S. KIRSHTEIN, as Guardian and Administrator of the Estate of GEORGE J. TAPPER, Deceased, Respondent, v. AMERICU CREDIT UNION (Formerly UP STATE FEDERAL CREDIT UNION) et al., Defendants. (And a Third-Party Action.) (Action No. 1.) MURRAY J.S. KIRSHTEIN, as Administrator of the Estate of GEORGE J. TAPPER, Deceased, Respondent, v. GENERAL ELECTRIC COMPANY et al., Defendants. GENERAL ELECTRIC COMPANY, Third-Party Plaintiff, v. AMERICU CREDIT UNION (Formerly UP STATE FEDERAL CREDIT UNION), Third-Party Defendant-Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 12, 2009.


Attorney(s) appearing for the Case

Nasto Law Firm, Yorkville (John A. Nasto, Jr., of counsel), for appellant.

Rossi and Murnane, New York Mills (Vincent J. Rossi, Jr., of counsel), for respondent.

HURLBUTT, J.P., SMITH, PINE and GORSKI, JJ., concur.


OPINION OF THE COURT

CENTRA, J.

Plaintiff, as guardian and administrator of the estate of George J. Tapper (decedent), commenced two actions to recover damages for the allegedly improper transfers of securities owned by decedent. In 1998 decedent transferred certain shares of stock of several corporations to a third party, and his signatures on the transfers were allegedly guaranteed by AmeriCU Credit Union, formerly Up State Federal Credit Union (AmeriCU...

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