Cuddy & Feder Defeats Dismissal Motion in Trust Litigation Case

Cuddy & Feder, led by litigation partner Troy Lipp, defeated a motion to dismiss in an action for breach of fiduciary duty and declaratory relief brought by its client against a co-trustee of an irrevocable trust. In denying the defendant’s motion, the Westchester County Supreme Court agreed with our arguments that a co-trustee has standing to sue a fellow co-trustee for breach of fiduciary duty on behalf of the trust and settlor of the trust. The court also agreed with and endorsed our argument that self-serving and questionable documents are insufficient to warrant the dismissal of a complaint on grounds of “documentary evidence” under CPLR 3211(a)(1). As a result of the court’s decision, our client is able to proceed to the discovery phase of litigation.