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Smithers v. St. Luke's-Roosevelt Hospital Center

New York Appellate Division

723 N.Y.S.2d 426 (2001)

Relevant factsFree

R. Brinkley Smithers's $10 million gift to establish an alcoholism treatment center reserved his personal veto power over the center's plans and staffing; after his death, when the hospital (defendant) sought to sell the center's building and his widow, acting as Special Administratrix (plaintiff), discovered the hospital had been improperly diverting gift funds, she sued to enforce the gift's terms, and the trial court dismissed for lack of standing, finding she lacked a tangible stake since she represented only the beneficiaries.

IssueFree

Whether the administrator of a donor's estate has standing to bring an action against the donee to enforce the terms of the gift.

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