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ESTATE OF WILLIAM D. MODELL, Deceased (350478/K.L.M) — Before the court is the motion of Peter L. Klausner, the nominated successor co-trustee of the trusts created under Paragraphs Second, Third and Sixth of the will of William D. Modell. Movant seeks summary judgment pursuant to CPLR 3213 granting his petition for appointment as successor co-trustee pursuant to SCPA 1502. In the alternative, movant asks the court to issue an order pursuant to CPLR 3126 striking the objections to his appointment which were filed by Shelby Modell, a trust beneficiary, for her failure to provide discovery.

For the reasons stated below, the motion for summary judgment is granted.

 
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