FKB’s Aaron M. Barham and Asher Kest obtained a pre-answer dismissal of a complaint against an NYC estate planning law firm in Queens County Supreme Court.

In this case, the plaintiffs were Estate beneficiaries who sought an accounting from the co-defendant Estate Administrator to substantiate Plaintiffs’ belief that they were owed funds from an underlying personal injury settlement.  Plaintiffs alleged that FKB’s client, who provided limited counsel/representation to the Administrator, “conspired” to refuse to account for the money received from the underlying settlement.

In their CPLR 3211 motion to dismiss, FKB successfully argued that the Plaintiffs beneficiaries’ claims were barred by lack of privity, that Plaintiffs failed to state a plausible conspiracy claim, and that the relief sought must be addressed in the Surrogate’s Court.

If you have any questions about this decision, please contact Aaron M. Barham or Asher Kest.