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CARR v. NEILSON

2008-06681.

77 A.D.3d 877 (2010)

909 N.Y.S.2d 387

PATRICK J. CARR, as Executor of ELENA DUKE BENEDICT, Deceased, Appellant, v. VERNA B. NEILSON et al., Respondents.

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

Decided October 26, 2010.

Ordered that the order is affirmed, with costs.

On or about October 15, 2007, the plaintiff's decedent (hereinafter the plaintiff) commenced this action alleging that the defendants fraudulently, and in violation of fiduciary duties, excluded her from an action they brought against certain attorneys, advisors, and directors of family businesses (see Benedict v Whitman Breed Abbott & Morgan, 77 A.D.3d 867 [2010] ...

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