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VANLEEUWEN v. VANLEEUWEN

38 A.D.3d 879 (2007)

831 N.Y.S.2d 342

JOHN VANLEEUWEN et al., Appellants, et al., Plaintiff, v. HENRY P. VANLEEUWEN, Respondent, et al., Defendant.

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

Decided March 27, 2007.

Ordered that the judgment is affirmed, with costs.

On the record presented, the Supreme Court's determination that the appellants failed to meet their burden of proof that the defendant Henry P. VanLeeuwen breached a fiduciary duty or was unjustly enriched was warranted, and we decline to disturb it (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 N.Y.2d 492

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