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IN THE MATTER OF THE ESTATE OF MARCECA

18 A.D.3d 259 (2005)

793 N.Y.S.2d 916

In the Matter of the Estate of ROBERT K. MARCECA, Deceased. MICHAEL v. BLUMENTHAL et al., Appellants; DOMINION FINANCIAL CORPORATION et al., Respondents.

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

May 10, 2005.

At the time this petition was served, petitioners were contingent creditors (see Debtor and Creditor Law § 270) based on an action against a former coexecutor of the estate, in which it was alleged, inter alia, that the coexecutor had usurped an estate opportunity to invest in Kings County property. Petitioners now allege that an asset obtained by exploiting an opportunity that should have been the estate's was fraudulently conveyed by the former coexecutor to...

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