HABER v. KISNER


255 A.D.2d 223 (1998)

680 N.Y.S.2d 233

James Haber, Individually and as Father and Natural Guardian of Claudia J. Haber and Another, Infants, Appellant, v. Ronald H. Kisner, Respondent

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

November 19, 1998


We agree with the IAS Court that plaintiff's claims of disloyalty are speculative at best, based as they are on defendant's rejection of a transaction that even now, after considerable litigation, remains unclear as to exactly how it was supposed to work. While the proposed new mortgagee supposedly agreed to enforce only $250,000 of what was to be a $450,000 replacement mortgage on the trust property, the balance of the mortgage was to remain an encumbrance on the property...

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