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GIAMMONA v. 72 MARK LANE, LLC

2014-08245, Index No. 7009/12.

143 A.D.3d 941 (2016)

2016 NY Slip Op 07000

40 N.Y.S.3d 453

ROSE GIAMMONA, Respondent, v. 72 MARK LANE, LLC, et al., Defendants/Third-Party Plaintiffs-Appellants. JOHN GIAMMONA, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 26, 2016.

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

The defendant/third-party plaintiff Gina Giammona, also known as Gina Franco (hereinafter Gina), and the third-party defendant, John Giammona (hereinafter John), are children of the plaintiff, Rose Giammona (hereinafter Rose). On May 6, 1997, as part of her estate planning, Rose executed a Qualified Personal Residence Trust instrument (hereinafter the trust

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