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KLEEBERG v. EBER

16-cv-9517 (LAK).

665 F.Supp.3d 543 (2023)

Daniel KLEEBERG, et al., Plaintiffs, v. Wendy EBER, in her individual capacity and as Executrix u/w/o Lester Eber, et al., Defendants, and Eber Bros. & Co., Inc., et al., Nominal Defendants, and Canandaigua National Bank & Trust Company, Intervenor Defendant.

United States District Court, S.D. New York.

Signed March 30, 2023.

Attorney(s) appearing for the Case

Brian C. Brook, Attorney for Plaintiff.

Kevin P. Mulry, Frank T. Santoro, Farrell Fritz, P.C., Paul Francis Keneally, Colin D. Ramsey, Jillian K. Farrar, Underberg & Kessler LLP, John S. Herbert, Herbert Law, Attorneys for Defendants Wendy Eber in her individual capacity and as Executrix of the Estate of Lester Eber and for Defendant Alexbay, LLC.

Donald W. O'Brien, Jr., Woods Oviatt Gilman LLP, Attorneys for Intervenor Defendant.

OPINION

Table of Contents

Facts — The Cross-Motions for Summary Judgment...555

A. The Facts and the Parties' Positions on the Partial Summary Judgment Motions...555

I. Allen Eber's Will and the Testamentary Trust...555

II. The Corporate Structure of the Eber...

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