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DONNELLY v. NEUMANN

8812, 154988/18.

170 A.D.3d 597 (2019)

97 N.Y.S.3d 26

2019 NY Slip Op 02296

Belinda Donnelly et al., Appellants, v. Hubert Neumann, Respondent.

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

Decided March 26, 2019.

In support of the breach of fiduciary duty cause of action, plaintiffs failed to establish that defendant's failure to pay the trusts rent for his use and occupancy of the house constituted misconduct (see Pokoik v Pokoik, 115 A.D.3d 428, 429 [1st Dept 2014]). Defendant is expressly empowered by article V, section 1 (s) of the Amended and Restated Morton G. Neumann Trust Agreement known as the Morton G. Neumann Trust, dated May 15...

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