Levine v. Gross

Order of the Supreme Court, New York County (Francis Pécora, J.), entered June 5, 1990, which granted defendants’ motion for summary judgment and dismissed the complaint pursuant to CPLR 3211 (a) (5) and 3212, and which denied plaintiffs’ cross-motion for summary judgment, unanimously affirmed, without costs.

Defendant Elliot Gross was retained in June, 1984 by Dorothy Levine, as executrix of the estate of Albert M. Levine, to advise her with respect to the administration of her late husband’s estate and the ownership and operation of various properties in which the estate had an interest.…