In re Tognino
Opinion of the Court
The Surrogate’s Court properly granted that branch of the respondents’ motion which was to dismiss the petition since the petitioner failed to allege that any provision of the trust was ambiguous and, therefore, failed to state a cause of action for the construction of the decedent’s living trust (see CPLR 3211 [a] [7]; cf. Williams v Williams, 36 AD3d 693 [2007]).
The petitioner’s remaining contention is without merit. Skelos, J.P, Eng, Austin and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.