From Casetext: Smarter Legal Research

In re Marceca

Appellate Division of the Supreme Court of New York, First Department
May 10, 2007
40 A.D.3d 318 (N.Y. App. Div. 2007)

Opinion

No. 1025-1026-1026A.

May 10, 2007.

Decree, Surrogate's Court, New York County (Kristin Booth Glen, S.), entered March 2, 2006, in a special proceeding by an estate to recover compensation it paid to appellant, confirming the report of Ira Gammerman, J.H.O., and awarding the estate $1,163,680.65, plus interest, unanimously affirmed, with costs. Appeals from decision, same court (Eve Preminger, S.), entered January 3, 2006, and from the transcript of the decree, entered April 18, 2006, unanimously dismissed, without costs, as subsumed in the appeal from the decree.

Finkel Goldstein Rosenbloom Nash, LLP, New York (Kevin J. Nash of counsel), for appellant.

Berger Webb, LLP, New York (Jonathan Rogin of counsel), for Michael V. Blumenthal and John J. Hoey, respondents.

Before: Friedman, J.P., Marlow, Williams, Buckley and McGuire, JJ.


The J.H.O.'s findings that appellant was a faithless servant, and that her acts of faithlessness warrant disgorgement of all compensation paid after the first such act, are supported by the record and should not be disturbed ( see Namer v 152-54-56 W. 15th St. Realty Corp., 108 AD2d 705; Maritime Fish Prods, v World-Wide Fish Prods., 100 AD2d 81, 91, appeal dismissed 63 NY2d 675; Soam Corp. v Trane Co., 202 AD2d 162, 163-164, lv denied 83 NY2d 758). We have considered appellant's other arguments, including that the J.H.O. was biased, and find them without merit.


Summaries of

In re Marceca

Appellate Division of the Supreme Court of New York, First Department
May 10, 2007
40 A.D.3d 318 (N.Y. App. Div. 2007)
Case details for

In re Marceca

Case Details

Full title:In the Matter of the Estate of ROBERT K. MARCECA, Deceased. GOLDIE…

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

Date published: May 10, 2007

Citations

40 A.D.3d 318 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4033
833 N.Y.S.2d 897

Citing Cases

Tonchi v. Advance Magazine Publishers Inc.

268 AD2d 350, 353 [1st Dept 2000], quoting Lamdin v Broadway Surface Adv. Corp., 272 NY 133, 138 [1936]; see…

Shanley v. Louise Blouin Media, Inc.

vative Commcl. Sys. LLC, 41 Misc 3d 1214(A), 981 NYS2d 636, 2013 NY Slip Op 51695[U], *6 [Sup Ct, NY County…