FAGAN v. NOWITZ


65 A.D.3d 1184 (2009)

ELLEN FAGAN, as Administrator of the Estate of ESTELLE NOWITZ, Also Known as ESTELLE B. NOWITZ, Deceased, Respondent, v. DAVID NOWITZ, Appellant.

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

September 22, 2009.


Ordered that the judgment is reversed, on the law, with costs, and the action is dismissed.

The plaintiff's decedent (hereinafter the plaintiff) sought to rescind an irrevokable trust agreement without the consent of the defendant trustee. The plaintiff did not join certain remainderpersons and beneficiaries of the trust to the instant action. After a jury trial, the Supreme Court entered a judgment in favor of the plaintiff. The defendant appealed, contending, inter...

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