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GENGER v. GENGER

2293, 651089/10.

144 A.D.3d 581 (2016)

2016 NY Slip Op 07987

41 N.Y.S.3d 414

ARIE GENGER et al., Respondents, v. SAGI GENGER et al., Respondents, and DALIA GENGER, Appellant. SAGI GENGER et al., Cross Claimants, Counterclaimants, and Third-Party Claimant-Respondents, v. ARIE GENGER et al., Cross-Claim, Counterclaim, and/or Third-Party Defendants-Respondents.

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

Decided November 29, 2016.

Defendant Dalia Genger, as Trustee for the Orly Genger 1993 Trust (Orly Trust), failed to articulate any objection to the court's entry of the November 25, 2014 order dismissing plaintiff Orly Trust's breach of fiduciary duty and unjust enrichment claims against certain defendants, and her claim is not properly before this Court (Horizon Asset Mgt., LLC v Duffy, 106 A.D.3d 594, 595 [1st Dept 2013]). In any case, that order did not...

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