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BANK OF AMERICA, N.A. v. 414 MIDLAND AVENUE ASSOCIATES, LLC

2009-08151.

78 A.D.3d 746 (2010)

911 N.Y.S.2d 157

BANK OF AMERICA, N.A., as Trustee of the Trust under the Will of EDITH QUIRK, Respondent, v. 414 MIDLAND AVENUE ASSOCIATES, LLC, et al., Appellants, et al., Defendants.

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

Decided November 9, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

At issue in this case is whether the appellant 414 Midland Avenue Associates, LLC (hereinafter the LLC), holds a two-thirds interest in the subject property, with the plaintiff, Bank of America, N.A. (hereinafter the trustee), holding the remaining one-third interest. In its complaint, the trustee alleges, inter alia, that it administers a trust created during the life of Edith Quirk, who died...

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