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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05203 |
| Area of law | Trusts, Estates and Guardianship |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05203 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 408 |
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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