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84 posts

The posts below have content that is exclusive for paid subscribers. In addition to exclusive insight, there are sample forms. This library for paid subscribers will continue to grow.

Nov 10, 2024

🔑 NY: Res Judicata and Collateral Estoppel Defenses Must Be Pleaded, Not Raised on Appeal

In New York, the defenses of res judicata and collateral estoppel—principles designed...

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Nov 01, 2024

🔑 NY: Remainder Beneficiaries of a Trust Have Standing in a Proceeding to Remove a Trustee

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Nov 01, 2024

🔑 NY: Appointees Under Powers of Appointment That Have Not Yet Been Exercised Have Standing in Accounting Proceeding

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Nov 01, 2024

🔑 NY: Prospective Sprinklees of Trust Income Have Standing in Accounting Proceeding

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Nov 01, 2024

🔑 NY: Takers in Default of a Power of Appointment Have Standing in Accounting Proceeding

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Nov 01, 2024

🔑 NY: Remainder Beneficiaries of a Trust Have Standing in Accounting Proceeding

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Nov 01, 2024

🔑 NY: Punitive Damages Demand Evidence of Extreme Misconduct

In New York, the standard for awarding punitive damages is exceptionally high, requiring...

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Rules

Nov 01, 2024

🔑 NY: Punitive Damages Require a Substantive Cause of Action

In New York, punitive damages cannot exist as a standalone claim; they must...

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Rules

Oct 30, 2024

🔑 NY: Surrogates Court Cannot Interpret Will Before Probate

In New York, Surrogate’s Court is bound by statute not to interpret...

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Rules

Oct 11, 2024

🔑 NY EPTL 2-1.7: Presumption of death from absence; effect of exposure to specific peril

EPTL 2-1.7 creates a legal presumption of death for individuals who have...

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Oct 03, 2024

🔑 NY: Affidavits Irrelevant in Motion to Dismiss Based on Complaint’s Sufficiency

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Sep 26, 2024

🔑 NY: When Confidential Relationship Exists, Burden Shifts to Beneficiary to Prove No Undue Influence

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