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TSAVARIS v. TSAVARIS

7237, 103246/11.

93 A.D.3d 613 (2012)

940 N.Y.S.2d 869

2012 NY Slip Op 2404

ARTHUR F. TSAVARIS, Individually and as Cotrustee of the JOSEPHINE TSAVARIS IRREVOCABLE TRUST, Appellant, v. FRANK G. TSAVARIS et al., Respondents.

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

Decided March 29, 2012.

Plaintiff's claim that he did not know that the basement unit in the building owned by the trust had been rented, allegedly in violation of the trust agreement, does not constitute "reasonable justification" for his failure to present that fact on the prior motion, given his role as a fiduciary and his unfettered access to the building (see CPLR 2221 [e] [3]; Henry v Peguero, 72 A.D.3d 600, 602 [2010], appeal dismissed...

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