ESTATE OF JACK P. SCHLEIFER, Settlor, Deceased

ESTATE OF JACK P. SCHLEIFER, Settlor, Deceased (10/3599/A) — Decedent Jack Schleifer was a real estate investor, and his will left his estate to his lifetime trust that benefits his only child, Natalie Schleifer ("Schleifer") and charity. Schleifer, along with decedent's estate planning counsel, Martin Rosen, serve as two of the co-executors under decedent's will and co-trustees of his trust, and they have commenced the instant proceeding against Richard Yellen, the third co-executor and co-trustee, as well as against certain real estate companies and the developer managing or controlling those companies, David Marx ("Marx"), and his father, Robert Marx. Petitioners seek to rescind, on the basis of fraud and other grounds, a September 30, 2011 settlement agreement entered into among all the parties to this proceeding. By its terms, the agreement resolves claims that decedent and decedent's estate had against Marx and his companies in connection with loans or investments decedent made during his life.

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ESTATE OF JACK P. SCHLEIFER, Settlor, Deceased (10/3599/A) — Decedent Jack Schleifer was a real estate investor, and his will left his estate to his lifetime trust that benefits his only child, Natalie Schleifer (“Schleifer”) and charity. Schleifer, along with decedent’s estate planning counsel, Martin Rosen, serve as two of the co-executors under decedent’s will and co-trustees of his trust, and they have commenced the instant proceeding against Richard Yellen, the third co-executor and co-trustee, as well as against certain real estate companies and the developer managing or controlling those companies, David Marx (“Marx”), and his father, Robert Marx. Petitioners seek to rescind, on the basis of fraud and other grounds, a September 30, 2011 settlement agreement entered into among all the parties to this proceeding. By its terms, the agreement resolves claims that decedent and decedent’s estate had against Marx and his companies in connection with loans or investments decedent made during his life.

The respondents have moved to dismiss the petition on several grounds, namely, that documentary evidence bars petitioners’ claims, that their claims have been released, and that the petition fails to state a claim for which relief may be granted (CPLR 3211 [a] [1], [5] & [7]). Additionally, respondents argue petitioners have not pled fraud and mistake with the requisite particularity (CPLR 3016[b]).

ESTATE OF JACK P. SCHLEIFER, Settlor, Deceased

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