Our Municipal Law & Land Use lawyers know that attention to procedural details is critical for the exercise of municipal rights. Here, the Appellant challenged the Village of Scarsdale’s in rem tax foreclosure proceedings on the basis of, among other things, inadequate notice. Representing the village, Daniel Pozin and Lester D. Steinman, as special counsel to the village, persuaded the Appellate Division, Second Department, that the Appellant’s arguments were wrong, and the Second Department dismissing the appeal and the case.
Surrogate's Court Litigation - Charitable Gift Annuities - Defense Against an Executor's Claim to Decedent's Gift
Our Surrogate's Court Litigation lawyers sometime represent beneficiaries seeking to carry out a decedent’s intention as to gifts made to the client during the decedent’s lifetime. Here, Frank W. Streng successfully represented a client who was a successor beneficiary of a charitable gift annuity established by the decedent with Fordham University, against a claim brought against her by the executor of the decedent's estate. The issue in the case was that the decedent, while fully competent at the time that he met with Fordham representatives and in the transfer of assets to fund the annuity, was hospitalized shortly thereafter and died in the hospital. The estate argued that the gift should be set aside because the decedent did not personally sign an annuity agreement sent to him by Fordham during his hospitalization. The Surrogate’s Court agreed with Frank and Fordham’s counsel, who sought and obtained summary judgment to dismiss the estate’s efforts to set aside the charitable gift. They argued, and the Court agreed, that the agreement to establish the gift annuity was fully enforceable well before the decedent was presented with the formal written agreement.