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KIRSHTEIN v. AMERICU CREDIT

CA 10-01313.

83 A.D.3d 153 (2011)

919 N.Y.S.2d 653

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

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

Decided March 25, 2011.

Attorney(s) appearing for the Case

Nasto Law Firm, Yorkville ( John A. Nasto, Jr. , of counsel), for defendants-appellants.

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

PERADOTTO, LINDLEY, SCONIERS and MARTOCHE, JJ., concur.

OPINION OF THE COURT

CENTRA, J.P.

I

In appeal No. 1, defendants AmeriCU Credit Union (formerly Up State Federal Credit Union) (AmeriCU), General Electric Company (GE), Loews Corporation (Loews), and Wachovia Corporation (Wachovia) appeal from a "Partial Order and Judgment" awarding plaintiff various shares of stock of GE, Loews, and Wachovia, plus accrued dividends and interest, upon a jury verdict in favor of plaintiff on a cause of action for...

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