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McMILLAN BIANCO v. BIANCO

36 A.D.3d 490 (2007)

830 N.Y.S.2d 21

ELIZABETH McMILLAN BIANCO, Appellant, v. JOSEPH BIANCO, Respondent.

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

Decided January 16, 2007.

Plaintiff's borrowing from the daughters' trusts to buy a house in her own name, and her use of trust monies to purchase stock in the trusts' names, were investments by the trusts that violated the stipulation's unambiguous prohibition against either party making any investment decisions for the trusts without the other's prior written consent. It does not avail plaintiff to argue that she had defendant's oral consents to these...

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