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SMITH v. SMITH

994 CA 23-01008.

2024 NY Slip Op 02478

CHRISTOPHER SMITH AND MICHAEL SMITH, AS TRUSTEES OF THE JAY AND PATRICIA SMITH IRREVOCABLE TRUST, Plaintiffs-Respondents, v. ANNA J. SMITH, AS TRUSTEE OF THE THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST, AND AS EXECUTOR OF THE ESTATE OF THEODORE P. SMITH, DECEASED, Defendant-Appellant. (Appeal No. 4.)

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

Decided May 3, 2024.

Attorney(s) appearing for the Case

HANCOCK ESTABROOK, LLP, SYRACUSE ( JANET D. CALLAHAN , OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BOND SCHOENECK & KING, PLLC, SYRACUSE ( DANIEL J. PAUTZ , OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

PRESENT: SMITH, J.P., CURRAN, MONTOUR, GREENWOOD, AND NOWAK, JJ.

Appeal from an order and judgment (one paper) of the Supreme Court, Herkimer County (John H. Crandall, A.J.), entered May 4, 2023. The order and judgment, inter alia, ordered a partition and sale of certain real property.

It is hereby ORDERED that the order and judgment so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Herkimer County, for further proceedings in accordance with the following memorandum:...

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