February 9, 2017 News

Morrison Cohen Successfully Defeats Breach of Trust Claim After Trial

February 9, 2017 – Morrison Cohen successfully obtained the dismissal of all claims against its trustee-client in a trial in the New York State Supreme Court’s Commercial Division.  The adult beneficiary of a spendthrift trust set up by his father in the 1980’s sued his father in 2006 in Florida for a host of claims, all alleging that the father looted the trust as trustee.  The son filed three additional cases over the next decade, none of which were addressed on the merits.  The tragic saga culminated in a suit commenced by the son in New York in 2012.  Morrison Cohen took over the case in 2013, amended the defendants’ answers to assert new defenses to position them for trial, completed discovery and took the case to trial.  The Court dismissed all claims of breach of trust, breach of contract and conversion brought by the son in a 29-page decision. The Morrison Cohen team included Mary E. Flynn, Y. David Scharf and Daniel C. Isaacs.