The following e-filed papers read herein: NYSEF Doc Nos.: Notice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) 11-21 24-25 27-33 Opposing Affidavits (Affirmations) 35 37-39 Reply Affidavits (Affirmations) 49-51 Sur Reply 43-45 Upon the foregoing papers, plaintiff Charles C. Tawil (Charles) moves (in motion sequence [mot. seq.] two) for an order, pursuant to CPLR 3215, granting him a default judgment against defendant Habib Tawil (Habib), and ordering an inquest on damages. Defendant Habib moves (in mot. seq. three) for an order, pursuant to CPLR 3211 (a) (4) and (a) (7),1 dismissing the claims asserted against him in the amended complaint (the first through fourth causes of action). Defendants Richard S. Finkelstein (Finkelstein) and Berkowitz, Lichtstein, Kuritsky, Giasullo & Gross LLC (incorrectly sued herein as Berkowitz, Lichtstein, Kuritsky, Giasulio & Gross LLC) (collectively, the BLKGG Defendants) move (in mot. seq. four) for an order, pursuant to CPLR 3211 (a) (7), dismissing the claims asserted against them in the amended complaint (the fourth through the seventh causes of action). Background Plaintiff Charles and defendant Habib are brothers and each is a fifty percent (50 percent) beneficiary of a trust under the will of the Alphonse Tawil Family Trust (Family Trust) and the Irrevocable Joint Life Insurance Trust (Insurance Trust). Habib was appointed executor of Charles and Habib’s parents’ wills and co-trustee of the testamentary Family and Insurance Trusts created thereunder. The management of the estate assets has been a source of conflict between the brothers, and defendants contend that there is pending litigation in Monmouth County Chancery Court in New Jersey in which Habib, as executor on behalf of his father’s estate, seeks accountings of the assets of the Insurance and the Family Trusts. The BLKGG Defendants were former counsel to the Insurance and Family Trusts. On December 17, 2020, Charles commenced this action by filing a summons and a verified complaint. On January 28, 2021, the BLKGG Defendants moved to dismiss the original complaint, which motion was subsequently withdrawn. Meanwhile, on February 17, 2021, Charles filed the first amended verified complaint alleging that defendants engaged in “a deliberate and relentless campaign to financially and emotionally cripple [him] and cause [him] severe suffering and hardship” and “a longstanding campaign of deliberate, systematic, and malicious harassment…to withhold and deprive [him of] monies, real property, personal property, financial information and insurance proceeds bequeathed to [him] pursuant to the Insurance Trust and the Family Trust” (amended complaint at
