SANKEL v. SPECTOR


33 A.D.3d 167 (2006)

819 N.Y.S.2d 520

JOEL S. SANKEL, as Cotrustee of the Eleanor Spector Trust, Respondent, v. LINDA J. SPECTOR, as Cotrustee of the Eleanor Spector Trust, Appellant, and BARBARA BERLIN, Respondent.

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

August 3, 2006.


Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York City (Israel Rubin, Jeffrey R. Mann, James W. Perkins and Hilary J. Ames of counsel), for appellant.

Sankel, Skurman & McCartin, LLP, New York City (Claudio Dessberg of counsel), for Joel S. Sankel, respondent.

Berkman, Henoch, Peterson & Peddy, P.C., Garden City (Joseph E. Macy and Andrew M. Roth of counsel), for Barbara Berlin, respondent.

BUCKLEY, P.J., SULLIVAN and McGUIRE, JJ., concur.


OPINION OF THE COURT

NARDELLI, J.

In this appeal, we are asked to determine, inter alia, whether the informal renouncement of his appointment by a designated cotrustee of a certain inter vivos trust was sufficiently binding to preclude his subsequent acceptance of that appointment.

On November 23, 2003, Eleanor Spector created an inter vivos trust "to provide for her own needs and the future needs of her issue," respondent beneficiaries Linda Spector...

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