Ordered that the order is affirmed, with costs.
In support of his motion for summary judgment, the defendant submitted excerpts from his own deposition testimony, as well as an affidavit of a witness, Arnold Gruber. Both the deposition testimony and the affidavit clearly established that the defendant terminated the plaintiff's interest in the trust at issue in accordance with the terms of the trust agreement and its subsequent amendment. The plaintiff did not submit...
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