Matter of Lyon, 9/28/2009 N.Y.L.J. 22 (col. 3) (Surr. Ct., Westchester County)

Frank W. Streng

Case Conclusion Date:September 28, 2009

Practice Area:Probate

Outcome:Won motion; case ultimately settled

Description:McCarthy Fingar lawyers, Frank W. Streng and Katherine Sohr Jedlicka, represented family members, appointed as limited administrators, seeking to rescind a transfer of real estate on the grounds, amongst others, that the agent under a power of attorney form improperly gifted the property to himself. In Lyon, the estate of the donee made a motion to dismiss our case, primarily citing the alleged failure of our clients to commence their proceeding within the applicable statute of limitations. The Court denied the motion, finding, among other things, that the statute of limitations never started, since our clients had no notification of the existence of the power of attorney, which power of attorney form was used to make the gift in question.