S. Paul Posner v. S. Paul Posner 1976 Irrevocable Family Trust

—Order, Supreme Court, New York County (Lewis Friedman, J.), entered December 5, 1997, which granted plaintiff’s motion to strike defendant-intervenor’s demand for a jury trial and granted plaintiffs motion for partial summary judgment, dismissing defendant-intervenor’s third counterclaim for a declaration that plaintiff is the alter ego of the defendant Trust, unanimously modified, on the law, plaintiffs motion for partial summary judgment denied and the third counterclaim reinstated, and otherwise affirmed, without costs. *269The court erred in dismissing defendant-intervenor’s counterclaim for…