The Start of a New Year
A discussion of several Surrogate's Court opinions that rounded out 2022 and those that "raised the curtain on the New Year."
February 03, 2023 at 10:00 AM
8 minute read
As we enter the year 2023, we consider those opinions that rounded out and concluded the year 2022, as well as those that raised the curtain on the New Year. Of particular note was Betz v. Blatt, an opinion by the Appellate Division, Second Department, which serves as a cautionary tale to estate counsel. Also of interest was an opinion by the Appellate Division, Third Department, in In re Estate of Ryan, addressing the jurisdiction of the Supreme and Surrogate's Courts over estate matters, and a decision by the Surrogate's Court, New York County, addressing the scope of pre-objection discovery in a probate proceeding.
Legal Malpractice of Estate Attorney Affirmed on Appeal. In Betz v. Blatt, 2022 NY Slip Op 07430 (2d Dept. 2022), the Appellate Division, Second Department, affirmed a judgment of the Supreme Court, Westchester County, in the principal sum of $1,856,699.36, against the defendant, Arnold Blatt (herein "defendant"), an attorney for the former executor of the estate, for legal malpractice.
The matter came before the court after a lengthy history of opinions and prior appeals addressing the various causes of action in the underlying complaint by the plaintiff, successor fiduciary of the decedent's estate, against the defendant, and two other law firms, alleging, inter alia, breach of fiduciary duty, fraud, violation of Judiciary Law §487, and legal malpractice.
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