ESTATE OF DAVID HASSINE, Deceased

ESTATE OF DAVID HASSINE, Deceased (09/3748/F) — This miscellaneous proceeding in the estate of David Hassine is brought by decedent's children, the beneficiaries of his estate and objectants in a pending accounting filed by the estate's executor. The children are also petitioners in a proceeding to remove the executor. The removal proceeding has been held in abeyance pending the outcome of the accounting for which cross-motions for summary judgment are pending. Here, petitioners seek pre-judgment attachment of certain assets of a non-party Wyoming trust, which they assert belong to the estate. They further assert that respondent executor controls the Wyoming trust by controlling its corporate trustee, and is depleting its assets. They contend that attachment will maintain the status quo pending disposition of the aforesaid proceedings. Petitioners also seek appointment of an "independent fiduciary" selected by the court to receive and account for the attached assets.

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ESTATE OF DAVID HASSINE, Deceased (09/3748/F) — This miscellaneous proceeding in the estate of David Hassine is brought by decedent’s children, the beneficiaries of his estate and objectants in a pending accounting filed by the estate’s executor. The children are also petitioners in a proceeding to remove the executor. The removal proceeding has been held in abeyance pending the outcome of the accounting for which cross-motions for summary judgment are pending. Here, petitioners seek pre-judgment attachment of certain assets of a non-party Wyoming trust, which they assert belong to the estate. They further assert that respondent executor controls the Wyoming trust by controlling its corporate trustee, and is depleting its assets. They contend that attachment will maintain the status quo pending disposition of the aforesaid proceedings. Petitioners also seek appointment of an “independent fiduciary” selected by the court to receive and account for the attached assets.

The court declines to entertain petitioner’s application in its entirety. Pre-judgment attachment is a provisional remedy available for the limited purpose of preventing a defendant in an action for money damages from hiding or moving New York assets outside of the court’s jurisdiction in order to make them unavailable to satisfy an ultimate judgment (CPLR §§6201, 6202; Koehler v. Bank of Bermuda Ltd., 12 NY3d 533 [2009]). It is a statutory remedy which is strictly construed (Weinstein, Korn, Miller, New York Civil Practice §12-6201.02; Penoyar v. Kelsey, 150 NY 77 [1896]). Here, petitioners seek attachment of funds of a non-party out-of-state trust. Although they may ultimately prevail on their claim that the trust is not valid and that some of its assets belong to the estate, the pre-judgment attachment statute does not afford them provisional relief.

ESTATE OF DAVID HASSINE, Deceased

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