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MATTER OF WELLS FARGO BANK v. NOVER VENTURES, LLC

657387/17, 9757N, 9756, 9755.

173 A.D.3d 626 (2019)

104 N.Y.S.3d 107

2019 NY Slip Op 05205

In the Matter of Wells Fargo Bank et al., Petitioners, v. Nover Ventures, LLC, Appellant, and D.E. Shaw Refraction Portfolios, L.L.C., et al., Respondents, et al., Respondent.

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

Decided June 27, 2019.

Even upon the broad construction required of article 77 of the CPLR, "cover[ing] any matter of interest to trustees, beneficiaries or adverse claimants concerning the trust" (Matter of Greene v Finley, Kumble, Wagner, Heine & Underberg, 88 A.D.2d 547, 548 [1st Dept 1982]), the court correctly limited Nover's interest as a respondent to the trusts in which Nover was the named certificateholder. To the extent Nover was an investor...

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