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MATTER OF GROSS v. GROSS

38 A.D.3d 893 (2007)

833 N.Y.S.2d 563

In the Matter of DONN S. GROSS, Appellant, v. AVERY J. GROSS, Respondent.

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

Decided March 27, 2007.

Ordered that the order is affirmed, with costs.

The petitioner claims to be the beneficiary of a trust, the corpus of which is a 20% interest in a partnership. The trust was created in 1973 and is evidenced by a business certificate for partners and a 1976 successor business certificate for partners. These certificates name the respondent Avery J. Gross as trustee for Donn S. Gross. There is no other writing evidencing this trust. The petitioner brought this proceeding...

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