Important Cases

Case 1

Matter of Rezzolla, 184 A.D.3d 717, 717, 124 N.Y.S.3d 213, leave to appeal denied, 35 N.Y.3d 918, 158 N.E.3d 559 (2020)

Petition pursuant to SCPA 2103 for the turnover of real property, awarded summary judgment on the petition and vacated deed as void ab initio.

Rezzolla Decision

Case 2

In re Ginzburg, 89 A.D.3d 938, 932 N.Y.S.2d 534 (2011): attorney who had represented decedents prior to death, and who held proceeds from settlement breached his fiduciary duty to the estate when delivered proceeds to estate administrator and heir in his individual capacity.

Case 3

Matter of Urban, Queens County Surrogate’s Court File No 2004-302/E (2008)

Successful turnover proceeding against executor resulting in return of estate assets on the grounds that the decedent did not have the donative intent to gift his security and investment accounts to the executor and that the decedent’s joint accounts were convenience accounts not intended to be a gift.