McGHEE v. ODELL

7870N, 113614/10.

96 A.D.3d 449 (2012)

946 N.Y.S.2d 134

2012 NY Slip Op 4397

STEPHEN McGHEE, Appellant, v. NANCY BRENSSON ODELL, Individually and as Executrix of JURIS BRENSSON and Another, Deceased, Respondent.

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

June 7, 2012.


During the administration of decedents Juris and Baiba Brensson's estates, plaintiff informed defendant executrix of his claim to co-ownership of the bottom portion of a rare cello located among the estates' assets. Although defendant informed plaintiff that efforts would be made to locate the cello upon some proof of his claim, which he subsequently provided, the cello was not produced. Accordingly, plaintiff brought suit alleging breach of fiduciary duty and conversion...

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