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MATTER OF ALPERT

234 A.D.2d 150 (1996)

651 N.Y.S.2d 451

In the Matter of The Estate of Hyman Alpert, Deceased. Jack L. Alpert et al., as Successor Executors and Trustees of Hyman Alpert, Deceased, Appellants In the Matter of Nettie Alpert et al., as Trustees of an Express Trust Purportedly Created by Zusman Alpert, as Settlor, Respondents; Charles Alpert et al., Appellants

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

December 17, 1996

Without evaluating the ultimate merits of the case, liberally construing the pleadings in favor of petitioners, and mindful that a claim should not be dismissed if a cause of action can be discerned, no matter how poorly stated (see, McGill v Parker, 179 A.D.2d 98, 105), we agree with the Surrogate that neither set of pleadings is ripe for dismissal at this early stage. The issue of illegality, raised to the present extent...

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