Schneiderman v. Barandes

Order, Surrogate’s Court, New York County (Kristin Booth Glen, S.), entered November 9, 2012, which granted defendant Gerald Barandes’s motion for summary judgment dismissing the petition for a declaratory judgment to invalidate the creation of a $1 million trust on grounds of undue influence and constructive fraud, and declared defendant the owner of the trust, unanimously reversed, on the law, without costs, the motion denied, and the petition reinstated.

Defendant served as decedent’s attorney on personal and corporate matters for more than 40 years and thus held a fiduciary relationship…