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CARLSON v. COLANGELO

2022-01840. Index No. 50095/19.

221 A.D.3d 773 (2023)

199 N.Y.S.3d 185

2023 NY Slip Op 05709

Kristine M. Carlson, Appellant, v. Crissy Colangelo, Individually and as Trustee of the Donald P. Dempsey Revocable Trust, et al., Respondents.

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

Decided November 15, 2023.

Attorney(s) appearing for the Case

McCarthy Fingar LLP, White Plains, NY (Frank W. Streng and Irma K. Nimetz of counsel), for appellant.

Piscionere & Nemarow, P.C., Rye, NY (Anthony G. Piscionere and Michael J. Konicoff of counsel), for respondents.

Duffy, J.P., Brathwaite Nelson, Chambers and Warhit, JJ., concur.

In an action, inter alia, for declaratory relief, the plaintiff appeals from an order of the Supreme Court, Westchester County (Charles D. Wood, J.), dated March 2, 2022. The order granted the defendants' motion for summary judgment dismissing so much of the complaint as related to certain real property and an income stream set forth in paragraph 6(b) of the trust agreement for the Donald P. Dempsey Revocable Trust and, in effect, declaring that the plaintiff is not entitled...

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