MATTER OF RAD


38 A.D.3d 388 (2007)

832 N.Y.S.2d 204

In the Matter of the Application for Turnover of Partnership Interests Owned by ABRAHAM RAD, Deceased. In the Matter of the Application to Remove the Trustee of a Trust Created by ABRAHAM RAD, as Grantor, under an Agreement dated 6/1/89. EAST 29 ASSOCIATES et al., Appellants; JEFFREY LITTLE, Respondent.

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

Decided March 22, 2007.


Appellants' claim that the turnover proceeding was jurisdictionally defective because unpaid creditors of the estate were not made parties thereto is improperly raised for the first time on appeal, and we decline to consider it. In any event, appellants' previous consent to the turnover of partnership funds, albeit on condition that it be subject to provisions of the partnership agreement, judicially estops them from challenging the turnover now. Nor do appellants show that...

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