N.Y. Banking Law § 257: Duties of trustees and officers

§ 257. Duties of trustees and officers. 1. Trustees and officers shall

discharge the duties of their respective positions in good faith and

with that degree of diligence, care and skill which prudent men would

exercise under similar circumstances in like positions. In discharging

their duties, trustees and officers, when acting in good faith, may rely

(a) upon financial statements of the savings bank represented to them to

be correct by the president or the officer of the savings bank having

charge of the books of account, or stated in a written report by an

independent public or certified public accountant or firm of such

accountants fairly to reflect the financial condition of such savings

bank and (b) upon reports required to be submitted to them by any

provision of this chapter or prepared in the ordinary course of business

by an officer or committee charged with the responsibility therefor.

Nothing in this section shall be deemed to require the trustees to

perform functions vested in any committee, officer or other person

pursuant to the provisions of any other section of this chapter.

2. An action may be brought against one or more trustees or officers

of a savings bank to procure a judgment for the following relief:

(a) To compel the defendant to account for his official conduct in the

following cases:

(1) The neglect of, or failure to perform, or other violation of his

duties in the management and disposition of the savings bank's assets

committed to his charge.

(2) The acquisition by himself, transfer to others, loss or waste of

the savings bank's assets due to any neglect of or failure to perform,

or other violation of his duties.

(b) To set aside a conveyance, assignment or transfer of the savings

bank's assets by one or more trustees or officers, contrary to a

provision of law, where the transferee knew the purpose of the transfer.

(c) To enjoin such a conveyance, assignment or transfer of the savings

bank's assets by one or more of the trustees or officers where there is

good reason to apprehend that it will be made.

3. Subject to section six hundred thirty-one of this chapter, an

action may be brought for the relief provided in this section by a

savings bank or an officer, trustee or judgment creditor thereof.

4. This section shall not affect any liability otherwise imposed by

law upon any trustee or officer.