Jenkins v. Jenkins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Egan Jr., J. Appeal from an order of the Supreme Court (Mc-Grath, J.), entered April 9, 2015 in Rensselaer County, which granted defendant’s motion to dismiss the complaint.
In May 1997, Martha Jenkins (hereinafter decedent) created the Martha Jenkins Family Trust, designated plaintiff and defendant—two of her four children—as cotrustees and conveyed her personal residence located in the Town of Brunswick, Rens-selaer County to the trust. Plaintiff previously had moved in with decedent to assist with her care and, in March 2007, commenced a proceeding pursuant to Mental Hygiene Law article 81…
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