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FRANCO v. MORGAN STANLEY SMITH BARNEY, LLC

2020-03973. Index No. 616886/19.

208 A.D.3d 758 (2022)

174 N.Y.S.3d 101

2022 NY Slip Op 05024

Lori Franco et al., Appellants, v. Morgan Stanley Smith Barney, LLC, Defendant, and Estate of Vincent Buonomo, Deceased, Respondent.

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

Decided August 24, 2022.

Attorney(s) appearing for the Case

Anthony S. Cannatella, Manhasset, NY (Edward H. Kyle III of counsel), for appellants.

Law Offices of Daniel J. Costello, P.C., Garden City, NY, for respondent Estate of Vincent Buonomo.

Barros, J.P., Chambers, Miller and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

On October 9, 2007, Theresa Buonomo (hereinafter Theresa) executed an IRA adoption agreement funded by the defendant Morgan Stanley Smith Barney, LLC (hereinafter Morgan Stanley), designating the plaintiffs as equal beneficiaries. The IRA adoption agreement provided that "[y]ou may change your Beneficiary designations at any time." On September 6, 2016, Theresa executed a form titled "IRA Designation of Beneficiary"...

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