GOLOBE v. ALTCHEK

Index No. 655854/20. Appeal No. 17020. Case No. 2022-01026.

212 A.D.3d 410 (2023)

182 N.Y.S.3d 58

2023 NY Slip Op 00031

John Golobe, Respondent, v. Ira Altchek, as Trustee of the Emil Krause Revocable Trust, Appellant.

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

Decided January 5, 2023.


Attorney(s) appearing for the Case

Duane Morris LLP, New York ( Leslie D. Corwin of counsel), for appellant.

McLaughlin & Stern, LLP, Garden City ( John M. Brickman of counsel), for respondent.

Concur—Renwick, J.P., Gesmer, Kennedy, Scarpulla, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered February 28, 2022, which granted plaintiff's motion for summary judgment for a declaration that plaintiff is the sole and exclusive owner of the premises in fee simple absolute and that defendant has no proper or valid claim thereto and dismissed defendant's counterclaims, unanimously affirmed, without costs.

The motion court properly determined that plaintiff established by clear and convincing...

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