Appellate Division of the Supreme Court of the State of New York December 21, 2012 (Tuper v. Tuper)

Memorandum: Plaintiffs, Kenneth Earl Tuper, as cotrustee of the Tuper Living Trust, and the Tuper Living Trust (Trust), commenced this action against defendant, Patricia E Tuper, as cotrustee of the Trust, seeking, inter alia, damages for defendant’s alleged breach of fiduciary duty and breach of contract.