A motion has been brought before this court for summary judgment of damages in the amount of $64,751.01 as of March 10, 1988 to Mildred E. Freund resulting from the failure of Marine Midland Bank as trustee under the will of John P. Herrmann to collect Federal and New York State estate tax refunds and resulting from underpayments of income to Mildred Freund under an annuity trust pursuant to a decree of this court granted November...
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