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.

The following materials, and all other materials on this website, are intended for informational purposes only, are not to be construed as either legal advice or as advertising by Cuddy & Feder LLP or any of its attorneys, and do not create an attorney-client relationship between you and Cuddy & Feder LLP. Please seek the advice of an attorney before relying on any information contained herein.


445 Hamilton Avenue
14th Floor
White Plains, NY 10601
T 914.761.1300
F 914.761.5372

New York City

270 Madison Avenue
Suite 1801
New York, NY 10016
T 914.761.1300
F 914.761.5372

Hudson Valley

300 Westage
Business Center
Suite 380

Fishkill, NY 12524
T 845.896.2229
F 845.896.3672