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OAKES v. MUKA

56 A.D.3d 1057 (2008)

NATALIA COKINOS OAKES, Individually and as Successor Trustee of the Herbert C. Oakes Living Trust, as Assignee of Herbert C. Oakes Jr. and Bailie V. Oakes, and Guardian of Leopold V. Oakes, an Infant, Respondent, v. BETTY O. MUKA, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 26, 2008.

Peters, J.P.

The underlying facts of this case are set forth in our prior decision in this matter (31 A.D.3d 834 [2006]). Briefly, plaintiff commenced this action seeking, among other things, a declaration that defendant used fraud, duress and undue influence upon Herbert C. Oakes to make substantial changes to his will and trust. Supreme Court denied defendant's motion to dismiss the complaint and for recusal, and this Court affirmed...

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