Legal Opinion
In re Lorie Dehimer Irrevocable Trust
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 2014Published
1Opinion of the Court
Appeals from an order of the Surrogate’s Court, Oneida County (Louis P Gigliotti, S.), entered December 4, 2012. The order, insofar as appealed from, granted the motions of respondents to dismiss the petitions pursuant to CPLR 3211 (a) (7).
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of respondents’ motions to dismiss the claim in each petition for breach of fiduciary duty, and reinstating each petition to that extent, and as modified the order is affirmed without costs.
Memorandum: Respondents are trustees of certain irrevocable…
2Cases cited5 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
- Rut v. Young Adult Institute, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Armentano v. Paraco Gas Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- McGuire v. HuntressAppellate Division of the Supreme Court of the State of New York · 2011