In re the Estate of Vought

S. Samuel Di Falco, S.

There are four separate actions which seek identical relief against the estate fiduciary, viz: to impress a trust; for breach of contract; for restitution. The defendant moves: (a) to dismiss each complaint pursuant to CPLB. 3211 (subd. [a], pars. 1, 5, 7) upon the grounds that a defense is founded upon documentary evidence; the actions are barred by the doctrines of collateral estoppel and res judicata and by the Statute of Limitations; and that the complaints fail to state causes of action; (b) for summary judgment. Plaintiff cross-moves for summary judgment in all…