SOCIEDAD ANONIMA DE INVERSIONES COMERCIALES E INDUSTRIALES v. BOSURGI


43 A.D.2d 519 (1973)

Sociedad Anonima De Inversiones Comerciales E Industriales, Appellant-Respondent, v. Leone Bosurgi et al., Respondents, and Benedict Ginsburg, Respondent-Appellant Leone Bosurgi et al., Plaintiffs, v. Chemical Bank New York Trust Company, Respondent

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

November 8, 1973


The main motion for summary judgment is meritorious. The documentary evidence submitted on the motion, conceded to be "genuine and authentic", conclusively demonstrates that the fund in question represented the proceeds of a trust established in writing, December 10, 1954, between plaintiff and the Bosurgi defendants and their mother, Adriana Bosurgi; and that it belongs to plaintiff, for whom the defendants, Bosurgi, have been simply...

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