MATTER OF DENENY v. VAN ROSSEM

12074, 113205/10

115 A.D.3d 623 (2014)

985 N.Y.S.2d 871

2014 NY Slip Op 2144

In the Matter of JOHN FRANCIS DENENY, Respondent, v. BARBARA VAN ROSSEM, Appellant.

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

Decided March 27, 2014.


Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered May 9, 2012, granting the petition to remove respondent (Van Rossem) as co-trustee of the 518 Trust and denying her cross motion for an accounting and to terminate the trust, unanimously reversed, on the law, without costs, the judgment vacated, and the matter remanded for proceedings consistent herewith.

It was not a proper exercise of discretion for the court to remove Van Rossem as co-trustee...

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