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Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05203

Schwartz v Goldstein

Read the official decision: 2026 NY Slip Op 05203

Holding The court affirmed the dismissal of the plaintiffs’ claims for conversion and breach of fiduciary duty, finding that the defendant, as successor trustee, rightfully possessed the sale proceeds and the plaintiffs lacked a superior ownership interest. Additionally, the court denied the plaintiffs’ cross-motion to amend the complaint to add their mother as a plaintiff because the proposed amendment was patently devoid of merit.

The court’s words

the defendant demonstrated, prima facie, that he rightfully possessed the sale proceeds as successor trustee

2026 NY Slip Op 05203, at the official text

the proposed amendment was patently devoid of merit

2026 NY Slip Op 05203, at the official text

the plaintiffs failed to raise a triable issue of fact

2026 NY Slip Op 05203, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 2, 2026
Citation2026 NY Slip Op 05203
Area of lawTrusts, Estates and Guardianship
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05203
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id408

Recommended citation

ESQ HQ, New York Law Watch, Schwartz v Goldstein, 2026 NY Slip Op 05203 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05203/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 2, 2026. Updated September 2, 2026.