Gaines v. City of New York

New York Court of Appeals

Gaines v. City of New York

76 N.E.3d 289, 29 N.Y.3d 1003

DecidedJune 1, 2017

StatusPublished

This text of 76 N.E.3d 289 (Gaines v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gaines v. City of New York, 76 N.E.3d 289, 29 N.Y.3d 1003 (N.Y. 2017).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. Under the circumstances of this case, a valid supple[1005]*1005mental needs trust was never effected. Claimant did not argue before Supreme Court that the trust was not a lifetime trust governed by EPTL 7-1.17 and 7-1.18. That argument is, therefore, unpreserved for our review.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. Under the circumstances of this case, a valid supple[1005]*1005mental needs trust was never effected. Claimant did not argue before Supreme Court that the trust was not a lifetime trust governed by EPTL 7-1.17 and 7-1.18. That argument is, therefore, unpreserved for our review.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson.

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Bluebook (online)

76 N.E.3d 289, 29 N.Y.3d 1003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaines-v-city-of-new-york-ny-2017.