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ESTATE OF ARKADY GORBAN, Deceased

ESTATE OF ARKADY GORBAN, Deceased. (12/698/B) — Petitioner, Zory Gorban, a son of the decedent, commenced a Turnover proceeding against Irina Bekerman (hereinafter "Respondent") seeking the return to the Estate of 26.60 shares of capital stock to a cooperative unit, purchased by the Decedent and placed in a joint tenancy with the Respondent. Petitioner alleges that the co-op agreement was entered into through fraud, misrepresentation, and undue influence on the part of the Respondent, and therefore a joint tenancy was not created. Respondent filed a motion to dismiss the Petition upon documentary evidence pursuant to CPLR 3211 (a)(1) and for failure to state a cause of action pursuant to CPLR 3211 (a)(7). She further moved for a declaratory judgment, pursuant to CPLR 3017 (b), declaring herself as the sole owner of the cooperative unit, at issue, as the surviving joint tenant.

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ESTATE OF ARKADY GORBAN, Deceased. (12/698/B) — Petitioner, Zory Gorban, a son of the decedent, commenced a Turnover proceeding against Irina Bekerman (hereinafter “Respondent”) seeking the return to the Estate of 26.60 shares of capital stock to a cooperative unit, purchased by the Decedent and placed in a joint tenancy with the Respondent. Petitioner alleges that the co-op agreement was entered into through fraud, misrepresentation, and undue influence on the part of the Respondent, and therefore a joint tenancy was not created. Respondent filed a motion to dismiss the Petition upon documentary evidence pursuant to CPLR 3211 (a)(1) and for failure to state a cause of action pursuant to CPLR 3211 (a)(7). She further moved for a declaratory judgment, pursuant to CPLR 3017 (b), declaring herself as the sole owner of the cooperative unit, at issue, as the surviving joint tenant.

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