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MATTER OF POSNER

File No. 2705/90. Appeal No. 15267. Case No. 2021-00500.

202 A.D.3d 492 (2022)

2022 NY Slip Op 00829

In the Matter of the Estate of Harry Posner, Deceased. In the Matter of Robert A. Posner, Appellant-Respondent, v. Jeremy M. Posner et al., Respondents-Appellants.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Hiller, P.C., New York ( Scott D. Woller of counsel), for appellant-respondent.

Forchelli Deegan Terrana LLP, Uniondale ( Michael A. Ciaffa of counsel), for respondents-appellants.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.

Triable issues of fact exist as to whether petitioner, the executor of the subject will containing exculpatory clauses, acted in bad (or another manner that would expose him to liability) when he accepted prepayment on his own personal promissory note in December 2003, 10 years before its maturity date, thus depriving the estate of the interest owed on the principal of the loan (see Matter of Jastrzebski,

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