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Supreme Court Grants Partial Summary Judgment Dismissing Eight out of Eleven Causes of Action

On Behalf of | Apr 1, 2021 | BLOG, NEWS ARTICLE

The Supreme Court, New York County, granted, in part, Defendants’ motion for summary judgment dismissing eight of the eleven causes of action asserted by Plaintiff. The Court held that Plaintiff’s cause of action for resulting trust accrued more than fifteen years before the Complaint was filed and was thus time-barred. The Court further held that Defendants demonstrated that as a matter of law Plaintiff could not maintain a cause of action for (i) breach of contract, (ii) intentional misrepresentation and fraud; (iii) reformation of deed; (iv) breach of trust; (v) breach of fiduciary duty; and (vii) aiding and abetting breach of fiduciary duty. Wei v. Wei et al., Index No. 715032/2018 (Sup. Ct. Queens Cnty., April 2021).

Defendants were represented by Joseph N. Paykin and Diana M. Malave.