Appellate Division of the Supreme Court of the State of New York March 28, 1977 (In re the Estate of Rothko)

lead-opinion

Lane, J.

We would affirm the decree with one modification (to be discussed later), on the comprehensive opinion of Surrogate Midonick (84 Misc 2d 830). However, a few additional comments are necessary to clarify our position.

We are all in agreement that the executors Reis and Stamos had a conflict of interest and divided loyalty in view of their nexus to Marlborough Gallery, Inc.