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REA v. REA

13 A.D.3d 511 (2004)

786 N.Y.S.2d 311

EDITH REA, Respondent, v. JOSEPH C. REA, Appellant.

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

December 20, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant was estopped from claiming that certain distributions to the plaintiff were return of principal where the defendant concedely represented to the plaintiff that the distributions were interest income and the plaintiff relied upon such representations (see Bogoni v Friedlander, 197 A.D.2d 281, 293 [1994]; cf. Matter of E.F.S. Ventures...

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