Schieber, Greener and Yafeh Secure Win for Estate Beneficiaries

February 17, 2021 | Real Estate, Zoning & Land Use | Trusts & Estates

Evan Schieber, Jeffrey Greener and Stephanie Yafeh secured a decisive victory for their clients, the beneficiaries of an estate, who moved to intervene in a New York Supreme Court action. The action arose out of a sale by the executor of two cooperative apartments that were estate assets.

In the action, the purchaser of the cooperative apartments sought specific performance against the estate’s executor, demanding that it transfer title to the two Upper West Side apartments pursuant to a contract. Our clients, who were not named in the action, contend that the executor entered into the contracts without authority and over their objection.

Schieber, Greener and Yafeh persuaded the Supreme Court to permit the beneficiaries to intervene in the action, and more importantly, held that the beneficiaries met their burden to have the entire matter transferred to Surrogate’s Court.

The decision is a major achievement for our clients who now have the opportunity to litigate their entitlement to the apartments as part of the proper administration of the estate.


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