Emerging Into Spring: Discovery Sanctions, Gifts, Breach of Duty

June 07, 2021

The second quarter of 2021 has seen a host of significant decisions from the Surrogate and Appellate courts addressed to fundamental issues affecting trusts and estates practice. This month’s column will address some of these opinions, relating to such topics as discovery, assignments and gifts, and breach of fiduciary duty.

Appellate Division Affirms Discovery Sanctions

Pursuant to the pertinent provisions of CPLR 3126, if any party refuses to obey an order for disclosure, or willfully fails to disclose information that ought to have been disclosed pursuant to CPLR Article 31, the court may make such order with regard to the failure or refusal as are just. In In re Mallon Revocable Trust, N.Y.L.J., April 30, 2021 (App. Div. 2d Dep’t), the Surrogate’s Court, Suffolk County invoked the provisions of this statute when it granted objectants’ motion in a contested accounting proceeding for sanctions against the petitioner. In April of this year, the Appellate Division affirmed the Surrogate Court’s Order.

Ilene Sherwyn Cooper is a partner with Farrell Fritz, P.C. in Uniondale, where she concentrates in the area of trusts and estates.

Reprinted with permission from New York Law Journal, Monday, June 7, 2021, Vol 265 – No. 107.

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