CORRECTED DECISION PROCEDURAL & FACTUAL BACKGROUND Petitioner, Roberto Lopez, Esq. (the “Guardian” or “Petitioner”), the property and personal needs guardian for Rita G., an Incapacitated Person (the “IP” or “Ms. G.”), retained counsel to commence this proceeding: (1) for discovery and turnover of property, pursuant to Mental Hygiene Law (MHL) §81.43 (first cause of action); (2) to set aside certain conveyances, pursuant to MHL §81.29(d) (second cause of action); (3) for injunctive relief (third cause of action); and (4) for breach of fiduciary duty (fourth cause of action). Respondents move to dismiss the first, second, and fourth causes of action, pursuant to CPLR 3211(a)(5), and to dismiss the third cause of action, pursuant to CPLR 3211(a)(7). Petitioner cross moves in opposition to the motion and to strike Respondents’ affirmative defenses, pursuant to CPLR 3211(b) and CPLR 3013. The Court held oral argument on the motion and cross-motion and denies the motion to dismiss and grants the cross-motion to strike considering the following discussion.1 Ms. G. is an extremely wealthy ninety-two-year-old widow who is estranged from her two adult children (Douglass Supporting Affirmation, Exhibit B). She also has a history of alcohol abuse and suffers from various physical and mental impairments, including dementia (id.). Respondents, Margaret Jane Pritikin (“Mrs. Pritikin”) and Bruce Gilbert Pritikin (“Mr. Pritikin”) (collectively referred to as the “Pritikins” or “Respondents”) were friends with Ms. G. and grew closer to Ms. G. following her husbands’ death in 1996 (id.). An Article 81 guardianship proceeding was commenced on or about June 22, 2012, in which the guardianship court (Wilkins, J.S.C.) issued a July 18, 2012 order appointing Petitioner as Ms. G.’s temporary guardian (Vera Supporting Affirmation, Exhibits J and L). Prior to the commencement of the guardianship proceeding, Mr. Pritikin, an attorney and CPA, served as Ms. G.’s accountant from 2005 to 2013 until his removal by the guardianship court due to his two-year suspension from the practice of law by the Departmental Disciplinary Committee for the First Judicial Department on February 5, 2013, for, inter alia, engaging in dishonesty, fraud, deceit or misrepresentation; failing to keep business and personal accounts separate from an IOLA account; and writing checks to cash from an IOLA account (id., Exhibits D and T). Mr. Pritikin also served as the primary agent pursuant to a March 30, 2011 power of attorney, with Mrs. Pritikin named as successor agent, as well as agent for Ms. G. under a health care proxy and living will, dated December 27, 2011 (Douglass Supporting Affirmation, Exhibit B,
18, 41-42). Further, Mr. Pritikin served as co-trustee of Ms. G.’s 2007 Lifetime Trust, dated August 14, 2007; co-trustee of Ms. G.’s Last Will and Testament, dated June 19, 2007; beneficiary of the Third Restatement of Ms. G.’s 2007 Revocable Lifetime Trust, dated March 30, 2011; and beneficiary of Ms. G.’s Last Will and Testament, dated March 30, 2011 (id.,
