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MATTER OF LIPPOLD

42 A.D.3d 455 (2007)

839 N.Y.S.2d 536

In the Matter of the Estate of RICHARD LIPPOLD, Deceased. LISA HANTMAN, Respondent; RICHARD LIPPOLD FOUNDATION, INC., Appellant; TIANA BENWAY et al., Respondents.

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

Decided July 10, 2007.

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

As the Surrogate's Court properly determined, the Richard Lippold Charitable Lead Unitrust (hereinafter the Trust) established its prima facie entitlement to summary judgment dispossessing Augusto Gianni Morselli and the Richard Lippold Foundation, Inc. (hereinafter the Foundation) from the subject premises because the clear and unambiguous language of Richard Lippold's last will and testament...

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