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POSNER v. S. PAUL POSNER 1976 IRREVOCABLE FAMILY TRUST

260 A.D.2d 268 (1999)

688 N.Y.S.2d 548

S. PAUL POSNER, Respondent, v. S. PAUL POSNER 1976 IRREVOCABLE FAMILY TRUST, Defendant. ROBERT A. POSNER, as Executor of HARRY POSNER, Deceased, Intervenor-Appellant.

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

Decided April 22, 1999.

The court erred in dismissing defendant-intervenor's counterclaim for a declaration that plaintiff is the alter ego of the defendant Trust, in this action to enforce a confession of judgment executed by the Trust in favor of plaintiff, whose wife serves as sole trustee of the Trust. The confession of judgment, in the amount of $1.25 million, was executed immediately after the court, in a prior action brought by defendant-intervenor...

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