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MATTER OF KATZ v. ALPERT

4583N, 602045/09.

82 A.D.3d 588 (2011)

919 N.Y.S.2d 148

In the Matter of LOIS KATZ et al., Respondents, v. CHARLES ALPERT et al., Appellants.

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

Decided March 22, 2011.

The court properly determined that respondents failed to demonstrate that the 1996 A. Alpert Trust was the alter ego of Abraham Alpert. There is no showing that Alpert dominated and controlled the trust or acted to perpetrate a fraud or injustice. Accordingly, the trust is not subject to the arbitration provision to which Alpert was bound (see TNS Holdings v MKI Sec. Corp., 92 N.Y.2d 335, 339-340 [1998]). Contrary to respondents...

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