VAN SCOTER v. PORTER

1026 CA 19-01692.

193 A.D.3d 1401 (2021)

147 N.Y.S.3d 801

2021 NY Slip Op 02692

John C. Van Scoter, Individually and as Trustee of the John Van Scoter 2010 Revocable Trust, Appellant-Respondent, v. Sarah Ruth Porter, Respondent-Appellant.

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

Decided April 30, 2021.


Attorney(s) appearing for the Case

UNDERBERG & KESSLER LLP, BUFFALO ( THOMAS F. KNAB OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

HARTER SECREST & EMERY LLP, BUFFALO ( DANIEL J. ALTIERI OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.

Present—Centra, J.P., Lindley, NeMoyer, Troutman and Winslow, JJ.


It is hereby ordered that the order so appealed from is modified on the law by denying that part of defendant's motion seeking dismissal of the first cause of action insofar as it was asserted by plaintiff, individually, and reinstating that cause of action to that extent, and as modified the order is affirmed without costs.

Memorandum: Defendant, who is plaintiff's daughter, provided financial and estate planning advice to plaintiff and his now-deceased wife. Based...

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