X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.,

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›