Duckles v Zatkowsky 2023 NY Slip Op 31942(U) June 9, 2023 Supreme Court, New York County Docket Number: Index No. 156173/2022 Judge: Mary V. Rosado gives a procedural explanation of how to group a set of legal malpractice and executor self-dealing claims together before one tribunal.

“This case arises out of alleged legal malpractice committed by Defendants in relation to the planning and administration of Plaintiff decedent’s estate (NYSCEF Doc. 1 ). As of the date of this motion’s submission, there were three separate actions related to Plaintiff decedent’s estate pending in New York County Surrogate’s Court.

Another case titled Levy v Estate of Mahler et. al., Sup. Ct. New York Co. Index No.:
650196/2021 was initiated seeking specific performance related to the purchase of cooperative shares owned by the decedent. Decedent’s children intervened in that matter, and the case was transferred to New York County Surrogate’s Court by a decision and order of Justice Louis L. Nock dated February 16, 2021.

Another malpractice action against Defendants with similar allegations of malpractice was brought by Joyce Duckies on December 14, 2021 in Monroe County. In that case, Defendants moved to have the case removed to New York County Surrogate’s Court to ensure consistent determinations with estate proceedings seeking similar relief. The motion was granted on May 20, 2022 and the case was transferred to New York County Surrogate’s Court.

Pursuant to Surrogate’s Court Procedure Act§ 201(3), the Surrogate’s Court has “full and
complete general jurisdiction in law and in equity to administer justice in all matters relating to the estates and affairs of decedents, and upon the return of any process to try and determine all questions, legal or equitable, arising between any or all of the parties to any action or proceeding, or between any party and any other person having any claim or interest therein”.

Specifically at issue in this case is (a) the creation of a trust to minimize the size and
complexity of the probate estate; (b) the drafting of Decedent’s Last Will and Testament; (c) placing certain properties into LLCs instead of a trust and the impact that would have on estate planning purposes, and ( d) Defendants’ performance as executor of Decedent’s estate in New York County Surrogate’s Court. As such, the issues in this case touch directly on proceedings which have occurred in Surrogate’s Court, as well as the administration of decedent’s estate. In fact, the alleged damages in this case are damages to the estate of tax payments of $3.8 million (see NYSCEF Doc. 2 and ,i 64 ). There is also the allegation that Defendants, as executor of the estate, has engaged in self-dealing (id. at ,i 65). Given the highly interwoven nature of the allegations of
legal malpractice and administration of decedent’s estate, including certain acts which purportedly took place in New York County Surrogate’s Court, it is clear that New York County Surrogate’s Court has jurisdiction over these claims.”