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DYBALSKI v. CORTRIGHT FAMILY IRREVOCABLE TRUST

725 CA 21-00893.

210 A.D.3d 1415 (2022)

176 N.Y.S.3d 517

2022 NY Slip Op 06354

Christy Lee Dybalski, Respondent, v. The Cortright Family Irrevocable Trust Dated July 12, 2007, et al., Appellants, et al., Defendants.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

LIPPES MATHIAS LLP, BUFFALO ( THOMAS J. GAFFNEY OF COUNSEL, FOR DEFENDANTS-APPELLANTS.

LAW OFFICE OF RALPH C. LORIGO, WEST SENECA ( FRANK J. JACOBSON OF COUNSEL, FOR PLAINTIFF-RESPONDENT.

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

Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered June 11, 2021. The order denied the motion of defendants-appellants to dismiss plaintiff's complaint against them.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this action seeking, inter alia, a judgment declaring the beneficial interests in The Cortright Family Irrevocable Trust dated July 12, 2007 (Trust), defendants...

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