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MATTER OF SCHWARZENBERGER

2010-06748, 2010-06749.

116 A.D.3d 868 (2014)

983 N.Y.S.2d 441

2014 NY Slip Op 2598

In the Matter of IRA SCHWARZENBERGER, Also Known as ISSA SCHWARZENBERGER, Deceased. HELENE SCHWARZENBERGER, Appellant. MARSHA MATTHEWS, as Executrix of TAUBE SCHWAZENBERGER, Deceased, et al., Respondents.

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

Decided April 16, 2014.

Ordered that the order dated November 28, 2007, is modified, on the facts, (1) by adding to decretal paragraph "5.b.," subdivision (1), after the word "spouse," the phrase "breached her duty as a de facto trustee, by," and (2) by deleting the word "received" from that provision and substituting therefor the word "receiving"; as so modified, the order dated November 28, 2007, is affirmed insofar as appealed from, without costs or...

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