Legal Opinion

Katz v. Laura Katz Trust

Appellate Division of the Supreme Court of the State of New York

Decided October 23, 2000Published

1Opinion of the Court

In an action, inter alia, to set aside a trust, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Cozzens, J.), dated *672September 15, 1999, as granted that branch of the defendants’ motion which was to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

Taking the allegations of the complaint as true and resolving all reasonable inferences in favor of the pleader (see, Gaidon v Guardian Life Ins. Co., 94 NY2d 330; Morone v Morone, 50 NY2d 481; Guggenheimer v Ginzburg, 43 NY2d 268), the plaintiff failed to state a cause…

2Cases cited6 opinions

  1. Murphy v. American Home Products Corp.New York Court of Appeals · 1983
  2. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  3. Gaidon v. Guardian Life Insurance Co. of AmericaNew York Court of Appeals · 1999
  4. Morone v. MoroneNew York Court of Appeals · 1980
  5. Perry v. Valley Cottage Animal HospitalAppellate Division of the Supreme Court of the State of New York · 1999

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