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US BANK TRUST, N.A. v. GAINES

2019-01790. Index No. 502887/14.

189 A.D.3d 1312 (2020)

134 N.Y.S.3d 194

2020 NY Slip Op 07623

US Bank Trust, N.A., Appellant, v. Sonia Gaines, Respondent, et al., Defendants.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Fein, Such & Crane, LLP, Syracuse, NY ( John A. Cirando , Bradley E. Keem , and Rebecca L. Konst of counsel), for appellant.

Richland & Falkowski, PLLC, Astoria, NY ( Daniel H. Richland of counsel), for respondent.

Rivera, J.P., Austin, Cohen and Duffy, JJ., concur.

Ordered that the order dated January 2, 2019, is reversed, on the law, with costs, and the motion of the defendant Sonia Gaines is denied.

Pursuant to a deed dated March 27, 1991, Marjorie Colwell became the owner of certain real property located in Brooklyn (hereinafter the subject property). Colwell died on November 8, 2004. Colwell's will bequeathed the subject property to the defendant Sonia Gaines, and also named Gaines as the executrix of the estate.

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