New York Court of Appeals
Carlson v. Colangelo
April 17, 20252025 NY Slip Op 02264
Summary
The Court of Appeals held that the beneficiary did not trigger the trust's in terrorem clause because her lawsuit sought to enforce the trust's provisions and determine her alleged property rights, rather than invalidate or contest the trust. The court granted her summary judgment on her entitlement to the residence, while holding that factual issues remained concerning the income stream and that the unjust-enrichment claim required further proceedings. The order was modified accordingly and affirmed.