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MATTER OF REICH

312 CA 21-01022.

207 A.D.3d 1116 (2022)

172 N.Y.S.3d 289

2022 NY Slip Op 04446

In the Matter of the Estate of William Z. Reich, Deceased. Eric Reich et al., Respondents; Catharine M. Venzon, Executor of the Estate of William Z. Reich, Deceased, Appellant.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

RICHARD T. SULLIVAN, PLLC, BUFFALO ( RICHARD T. SULLIVAN OF COUNSEL), FOR RESPONDENT-APPELLANT.

LIPPES MATHIAS LLP, BUFFALO ( THOMAS J. GAFFNEY OF COUNSEL), FOR PETITIONERS-RESPONDENTS.

Present—Centra, J.P., Peradotto, Lindley, Curran and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the first affirmative defense in each answer is reinstated, the motions of respondent are granted and the claims of petitioners are dismissed.

Memorandum: William Z. Reich (decedent) and his sons, petitioners, formed a corporate entity together. In 2011, decedent removed funds from the corporate entity, and he later acknowledged that some of those funds belonged...

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