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MATTER OF RADIO DRAMA NETWORK, INC.

File No. 2010-2056/A. Appeal No. 12025. Case No. 2019-03428.

187 A.D.3d 526 (2020)

130 N.Y.S.3d 320

2020 NY Slip Op 05704

In the Matter of Radio Drama Network, Inc., Seeking Relief Regarding the Himan Brown Revocable Trust Created by Himan Brown, Grantor, Deceased. Radio Drama Network, Inc., Respondent, v. Richard L. Kay, Appellant, et al., Respondent.

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

Decided October 13, 2020.

The Surrogate's Court properly denied Kay's motion to dismiss, on statute of limitations grounds (CPLR 3211[a][5]), the claims of fraud, fraudulent inducement, undue influence, unjust enrichment, and the claim seeking a constructive trust. The Surrogate's Court correctly reasoned that the causes of action, all of which involved challenges to the validity of certain provisions of a revocable trust, accrued, and thus the statute...

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