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SMITH v. SMITH

181 CA 21-01407.

217 A.D.3d 1484 (2023)

194 N.Y.S.3d 352

2023 NY Slip Op 03576

Christopher Smith et al., as Trustees of the Jay and Patricia Smith Irrevocable Trust, Respondents, v. Anna J. Smith, as Trustee of the Theodore P. Smith Income Only Irrevocable Trust and as Executor of the Estate of Theodore P. Smith, Deceased, Appellant. (Appeal No. 2.).

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

LAW OFFICES OF ANNA SMITH, HERKIMER (ANNA J. SMITH of counsel), FOR DEFENDANT-APPELLANT.

BOND, SCHOENECK & KING PLLC, SYRACUSE (KEVIN G. COPE of counsel), FOR PLAINTIFFS-RESPONDENTS.

Present—Smith, J.P., Peradotto, Curran, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Herkimer County (John H. Crandall, A.J.), entered September 28, 2021. The order, among other things, granted that part of plaintiffs' motion seeking a preliminary injunction.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of plaintiffs' motion seeking a preliminary injunction and as modified the order is affirmed without costs.

Memorandum: These appeals...

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