Legal Opinion
In re Tognino
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 2011PublishedCited by 3 opinions
1Opinion of the Court
*1154The petitioner, John Tognino, commenced this proceeding to contest the validity of certain amendments to a living trust executed by the decedent, his mother, on the ground that the amendments were the product of fraud and undue influence. Under the trust agreement, as originally drafted, the trust estate, which included the decedent’s home, was to be distributed equally to the decedent’s sons — the petitioner and the respondent Robert Tognino (hereinafter Robert) — upon the decedent’s death. However, the decedent executed an amendment in 2003 which provided for the distribution of two thirds…
2Cases cited7 opinions
- McLearn v. Cowen & Co.New York Court of Appeals · 1983
- Ryan v. CoverAppellate Division of the Supreme Court of the State of New York · 2010
- AAA Viza, Inc. v. Business Payment Systems, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of IttaAppellate Division of the Supreme Court of the State of New York · 1996
- Blumstein v. MenaldinoAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by3 opinions
- Goldberg v. RosenbergAppellate Division of the Supreme Court of the State of New York · 2014
- Goldberg v. RosenbergAppellate Division of the Supreme Court of the State of New York · 2014
- Rauch v. RauchAppellate Division of the Supreme Court of the State of New York · 2025