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MATTER OF TESTANI v. RUSSELL & RUSSELL, LLC

532764.

204 A.D.3d 1260 (2022)

167 N.Y.S.3d 583

2022 NY Slip Op 02592

Rocco J. Testani Jr. et al., Appellants, v. Russell & Russell, LLC et al., Respondents.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Mackenzie Hughes LLP, Syracuse (Christopher A. Powers of counsel), for appellants.

Winget, Spadafora & Schwartzberg LLP, New York City (Matthew Tracy of counsel), for Russell & Russell, LLC and others, respondents.

Sichenzia Ross Ference LLP, New York City (Owen A. Kloter of counsel), for Fifth West Insurance & Investments, LLC and another, respondents.

Barclay Damon LLP, Syracuse (James P. Evans of counsel), for National Life Group, respondent.

Egan Jr., J.P., Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur.

Plaintiffs Rocco J. Testani Jr., Joseph A. Testani and Louise Callahan are siblings and members of plaintiff Testani Properties, LLC. For a number of years, plaintiffs engaged defendants Russell & Russell, LLC, Frederick Russell and Derek Russell (hereinafter collectively referred to as the Russell defendants) to manage their investment...

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