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FASANO v. DIGIACOMO

49 A.D.3d 683 (2008)

853 N.Y.S.2d 657

JOSEPH FASANO, Appellant, v. LUCILLE DIGIACOMO, Formerly Known as LUCILLE FASANO, et al., Respondents.

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

Decided March 18, 2008.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that Lucy Fasano did not create a valid trust on August 4, 1998, that any transfer into or out of the putative trust on August 4, 1998 is null and void, and that the deed dated December 31, 2004 is valid.

On August 4, 1998 Lucy Fasano (hereinafter Lucy) executed a trust agreement...

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