New York Appellate Division Affirms Dismissal of Breach of Fiduciary Duty Claims Against Kasowitz Client

New York Appellate Division Affirms Dismissal of Breach of Fiduciary Duty Claims Against Kasowitz Client

On April 30, 2009, New York's Appellate Division, First Department, affirmed the dismissal of a multi-million dollar lawsuit against Kasowitz client, Middleburg Trust Company, in which a beneficiary of a trust alleged that Middleburg Trust had breached its fiduciary duties as trustee.  The trial court had granted Kasowitz's motion to dismiss on the ground that plaintiff had failed to join other trust beneficiaries who were indispensable parties to the lawsuit.  Kasowitz attorney Jennifer S. Recine  represented Middleburg Trust Company.