Erbe v. Lincoln Rochester Trust Co., 9 A.D.2d 1021 (N.Y. App. Div. 1959). · Go Syfert
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Erbe v. Lincoln Rochester Trust Co., 9 A.D.2d 1021 (N.Y. App. Div. 1959). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Weckstein v. Breitbart (nyappdiv, 1985-05-02)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Weckstein v. Breitbart
N.Y. App. Div. · 1985 · signal: see also · confidence low
(Power v Falk, 15 AD2d 216, 217, 218 ; see also, Kundla v Symans, 9 AD2d 1021, 1021-1022 .) Without the benefit of established findings of fact and given the poor shape of the trial record below, which includes hundreds of pages of documents, it is impossible for this court to determine as to the fourth cause of action whether defendants were authorized by the partnership agreement to accept through Breitbart Corporation substantial managerial and leasing commissions fees or, alternatively, whether it was a breach of their fiduciary duties to the partnership to hire their wholly owned Breitbar…
Retrieving the full opinion text from the archive…
Gustav Erbe, Jr., Individually and as and Trustee of Gustav Erbe
v.
Lincoln Rochester Trust Company of Rochester, Individually and as and Trustee of Gustav Erbe, , Respondents Gustav Erbe, Jr., Individually and as Administrators C. T. A. of the Estate of Frederick G. Erbe v. Lincoln Rochester Trust Company
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 1959.
9 A.D.2d 1021
Published

Order insofar as appealed from reversed, with $10 costs and disbursements, and the third ordering paragraph stricken from the order. Memorandum: In the exercise of a proper discretion this restriction should not have been placed upon the examination. All concur, except Goldman, J., who dissents and votes for affirmance upon the ground that the part of the order appealed from gives plaintiffs every reasonable right of examination under the circumstances and the limitation placed thereon by Special Term was a proper exercise of that court’s discretion. (Appeal from part of an order of Monroe Special Term limiting the examination of a witness before trial.) Present — McCurn, P. J., Kimball, Williams, Bastow and Goldman, JJ.