Bamonte v. Charatan

OPINION & ORDER Carol Bamonte (“Bamonte”), as Administrator of the Estate of Kathleen McCormack Durst (“Kathie”), James McCormack, Virginia McKeon, and Mary Hughes, as Co-Administrators of the Estate of Anne C. McCormack, a Distributee of the Estate of Kathie Durst (“Plaintiffs”), bring this Action for wrongful death seeking monetary damages against Debrah Lee Charatan (“Charatan,” or “Defendant”), in her capacity as the nominated executor of the Estate of Robert Durst (“Durst”). (See generally. Compl. (Dkt. No. 1).)¹ Before the Court is Defendant’s Motion To Dismiss the Complaint (the “Motion”) pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Dec. in Support of Mot. (Dkt. No. 51).) For the reasons stated herein, the Motion is denied. I. Background A. Factual Background Plaintiffs allege that Durst “murdered Kathie in South Salem, New York on January 31, 1982.” (Compl. 19.) “In a Decision and Order entered on May 24, 2018, the Supreme Court of the State of New York, Appellate Division, First Department held that Kathie’s date of death is January 31, 1982.” (Id. 20.) “At the time of her death, Kathie was 29 years old and in good health.” (Id. 21.) On March 22, 2019, the administrator of Kathie’s Estate commenced an action against Durst in the Supreme Court, New York County. (Id. 25.) “On August 6, 2019, the [c]ourt in Bamonte v. Durst entered an Order dismissing [] Kathie’s Estate’s cause of action for wrongful death ‘without prejudice to refiling in the event that a criminal action is commenced against Robert Durst pertaining to the death of Kathleen Durst.’” (Id. 26.) On October 19, 2021, a felony complaint was filed with the Town Court of the Town of Lewisboro, New York charging Durst “with Murder in the Second Degree in violation of PL §125.25(a) for the intentional killing of Kathie on January 31, 1982, at or near 62 Hoyt Street, South Salem, New York.” (Id.

27-28.) “On November 1, 2021, the Westchester District Attorney announced a grand jury in Westchester County, New York had indicted [Durst] for the murder of Kathie.” (Id.