Beneficiary who accepted art work from Estate without objection showed assent of Executor’s actions

In re Levy, 2010 WL 27999 (N.Y.A.D. 2 Dep't 2010) (holding that the beneficiary of an Estate confirmed and ratified the fiduciaries action when accepting valuable art work without initially objecting to the receipt of same until 17 years after its distribution).

Sports Club not liable for failure of employee to use defibrillator on club member

DiGiuglio v. Gran, Inc., 2009 WL 3784950 (NY Sup. 2009) (holding that General Business Law § 627-a(1) did not impose a liability on a health club when it was in compliance with the statute but whose employee exercised poor judgment when failing to use an available and accessible defibrillator to revive a member who fell off a treadmill and collapsed to the floor)

In re Estates of Cipriani, 2009 WL 1741851, 7 (N.Y. Sur. 2009) (holding inter alia, that the Decedent's daughter as administrator of the Estate could bring a cause of action against her Uncle who was Decedent's attorney in fact and finding that the "unauthorized use [of the Uncle] of the power [of attorney] to make a gift to himself carries at the very least a presumption of impropriety and self-dealing" and even if the presumtpion is overcome, he must show that the gift to self was in the "best interest" of the principal) (internal quotations and citations omitted).

In the Matter of the Estate of Corocran, 2009 WL 1150174 (3rd Dep't 2009) (holding that statutory presumption under Banking Law section 675 that parties entering joint bank accounts intended to create a joint tenancy applies to brokerage account; however, daughter was not entitled to judgment as a matter of law that decedent's joint brokerage account gave her rights of survivorship because the signature card for the account did not bear specific language of survivorship.)

Jury trial denied when involving fiduciary duties:

In the Matter of the Estate of Blumenkrantz, 22 Misc.3d 1133(A), 2009 WL 632453, 3 (Bronx. Sur. 2009) (holding inter alia, in a trustee accounting proceeding that "the objectants are precluded from having a right to a jury trial, not because the issues were raised in an accounting proceeding, but because the issues raised involve fiduciary duties. The objectants are not entitled to a jury trial on these issues in the supreme court or any other court.")

Attorney/Beneficiary held to have confidential relationship resulting in undue influence

In the Matter of Estate of Elkan, 2009 WL 424801, 1 (Bronx Sur. 2009) (holding that "[i]n this will contest, after a four-day bench trial and post-trial submissions, the court finds that the proponent failed to prove that the testator possessed testamentary capacity; that the objectant proved that a confidential relationship existed between the testator and Lynn Federman (Federman), an attorney; and, that the will was executed as a result of undue influence by Federman who is named as the beneficiary of 50% of the testator's residuary estate.")




About Us Estate Planning Estate Administration Estate Litigation		Newsletter Free Handout Articles Blog Estate Cases
	Estate Cases CASES OF INTEREST Beneficiary who accepted art work from Estate without objection showed assent of Executor’s actions In re Levy, 2010 WL 27999 (N.Y.A.D. 2 Dep't 2010) (holding that the beneficiary of an Estate confirmed and ratified the fiduciaries action when accepting valuable art work without initially objecting to the receipt of same until 17 years after its distribution). Sports Club not liable for failure of employee to use defibrillator on club member DiGiuglio v. Gran, Inc., 2009 WL 3784950 (NY Sup. 2009) (holding that General Business Law § 627-a(1) did not impose a liability on a health club when it was in compliance with the statute but whose employee exercised poor judgment when failing to use an available and accessible defibrillator to revive a member who fell off a treadmill and collapsed to the floor) Uncle who had power of attorney of decedent breached duty when he made gifts to himself In re Estates of Cipriani, 2009 WL 1741851, 7 (N.Y. Sur. 2009) (holding inter alia, that the Decedent's daughter as administrator of the Estate could bring a cause of action against her Uncle who was Decedent's attorney in fact and finding that the "unauthorized use [of the Uncle] of the power [of attorney] to make a gift to himself carries at the very least a presumption of impropriety and self-dealing" and even if the presumtpion is overcome, he must show that the gift to self was in the "best interest" of the principal) (internal quotations and citations omitted). Statutory presumption of survivorship for joint bank account does not apply when intent unclear In the Matter of the Estate of Corocran, 2009 WL 1150174 (3rd Dep't 2009) (holding that statutory presumption under Banking Law section 675 that parties entering joint bank accounts intended to create a joint tenancy applies to brokerage account; however, daughter was not entitled to judgment as a matter of law that decedent's joint brokerage account gave her rights of survivorship because the signature card for the account did not bear specific language of survivorship.) Jury trial denied when involving fiduciary duties: In the Matter of the Estate of Blumenkrantz, 22 Misc.3d 1133(A), 2009 WL 632453, 3 (Bronx. Sur. 2009) (holding inter alia, in a trustee accounting proceeding that "the objectants are precluded from having a right to a jury trial, not because the issues were raised in an accounting proceeding, but because the issues raised involve fiduciary duties. The objectants are not entitled to a jury trial on these issues in the supreme court or any other court.") Attorney/Beneficiary held to have confidential relationship resulting in undue influence In the Matter of Estate of Elkan, 2009 WL 424801, 1 (Bronx Sur. 2009) (holding that "[i]n this will contest, after a four-day bench trial and post-trial submissions, the court finds that the proponent failed to prove that the testator possessed testamentary capacity; that the objectant proved that a confidential relationship existed between the testator and Lynn Federman (Federman), an attorney; and, that the will was executed as a result of undue influence by Federman who is named as the beneficiary of 50% of the testator's residuary estate.")