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TUPER v. TUPER

Motion No. M-4880, DC No. 17.

101 A.D.3d 1651 (2012)

956 N.Y.S.2d 739

2012 NY Slip Op 8924

KENNETH EARL TUPER, as Cotrustee of the TUPER LIVING TRUST, et al., Appellants, v. PATRICIA P. TUPER, as Cotrustee of the TUPER LIVING TRUST, Respondent.

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

December 21, 2012.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs, Kenneth Earl Tuper, as cotrustee of the Tuper Living Trust, and the Tuper Living Trust (Trust), commenced this action against defendant, Patricia P. Tuper, as cotrustee of the Trust, seeking, inter alia, damages for defendant's alleged breach of fiduciary duty and breach of contract. The facts of this case are fully set forth in our decision on a prior...

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