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FELDMAN v. TORRES

2010-1311 KC.

34 Misc.3d 47 (2011)

939 N.Y.S.2d 221

2011 NY Slip Op 21438

ROCHELLE FELDMAN, Respondent, v. MILTA TORRES, as Executrix of the Estate of JON DAVID SHERRY and as Trustee of the SHERRY FAMILY TRUST, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 5, 2011.

Attorney(s) appearing for the Case

David J. Hernandez & Associates, Brooklyn, for appellant. Goldberg & Rimberg PLLC, New York City ( Joel S. Schneck of counsel), for respondent.

PESCE, P.J., WESTON and STEINHARDT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In 1992, Jon David Sherry created the Sherry Family Trust (the Trust). Sherry was its sole trustee. In 2001, the Trust borrowed $25,000 from plaintiff. Sherry, acting as trustee of the Trust, signed a promissory note to plaintiff, which Sherry also signed in his individual capacity as guarantor. As further security...

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