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MATTER OF GIMBEL v. LEONARD

Index No. 155477/21. Appeal No. 15981. Case No. 2022-00565.

205 A.D.3d 538 (2022)

169 N.Y.S.3d 577

2022 NY Slip Op 03317

In the Matter of Geoffrey Gimbel, Respondent, v. Stew Leonard, Jr., et al., Appellants, et al., Respondents.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Dentons US LLP, New York (Justin N. Kattan of counsel), for appellants.

Sullivan & Worcester LLP, New York (Michael T. Sullivan of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Friedman, Shulman, JJ.

The court properly denied respondents' cross motion to dismiss the verified petition seeking their removal pursuant to EPTL 7-2.6(a)(2). The verified petition sufficiently states a cause of action for removal based in part on respondent David Erlanger's conflict of interest. Among the examples of his conflict of interest, the petition alleges that co-trustee Erlanger, on behalf of his Erlanger Family Trust, sought to personally share in an investment opportunity petitioner...

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