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TDD IRREVOCABLE TRUST v. J & A SAPORTA REALTY CORP.

2014-01727, Index No. 1816/13.

139 A.D.3d 706 (2016)

31 N.Y.S.3d 541

2016 NY Slip Op 03492

TDD IRREVOCABLE TRUST, Respondent, v. J & A SAPORTA REALTY CORP., Appellant.

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

Decided May 4, 2016.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendant's motion which were pursuant to CPLR 3211 (a) (1) and (7) to dismiss the amended complaint are granted.

On August 3, 2007, Susan Odery and Frank Odery (hereinafter together the Oderys), who were then the owners of the subject property, created the plaintiff, TDD Irrevocable Trust (hereinafter TDD), for the benefit of Timothy DiResta. The

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