POSNER v. S. PAUL POSNER 1976 IRREVOCABLE FAMILY TRUST


12 A.D.3d 177 (2004)

784 N.Y.S.2d 509

S. PAUL POSNER, Appellant, v. S. PAUL POSNER 1976 IRREVOCABLE FAMILY TRUST, Appellant, and ROBERT A. POSNER, Intervenor-Respondent.

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

November 4, 2004.


Plaintiff claims that the subject confession of judgment by the Trust in his favor was intended to satisfy antecedent loans he had made to the Trust. Although plaintiff's wife is the Trust's nominal trustee, there is no dispute that plaintiff controlled the Trust, and it was he who directed his wife to execute the confession of judgment when he learned that the Estate was about to get a directed verdict in the action it had brought against the Trust on a promissory note....

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