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MATTER OF WYNYARD v. BEINY

4670, 621M/02.

82 A.D.3d 665 (2011)

919 N.Y.S.2d 165

In the Matter of MARTIN WYNYARD et al., Appellants, v. ROTRAUT L.U. BEINY et al., Respondents. THE ANTIQUE COMPANY OF NEW YORK, INC., Intervening Petitioner. (And a Third-Party Action.)

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

Decided March 31, 2011.

Petitioners' cause of action for a judgment declaring "ACNY the owner of the `Z' goods held by the Liechtenstein Trusts" is barred by the doctrine of the election of remedies (see American Woolen Co. of N.Y. v Samuelsohn, 226 N.Y. 61 [1919]). Petitioners have already been awarded a money judgment equivalent to 45% of the value of the "Z" goods as against respondent Rotraut Beiny, who is the sole beneficiary of the Liechtenstein Trusts (see Matter of Beiny,...

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