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MATTER OF GANDOLFO

237 A.D.2d 115 (1997)

655 N.Y.S.2d 341

In the Matter of The Estate of Anthony Gandolfo, Deceased. Joseph Gandolfo, as Executor of Anthony Gandolfo, Deceased, et al., Appellants; Franklin H. Goldberg, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 4, 1997

The alleged breach of confidential or fiduciary duty occurred almost a year after the death of plaintiffs' decedent. Accordingly, plaintiffs' causes of action did not yet exist in decedent's favor as of his death (cf., EPTL 11-3.2 [b]), and plaintiffs cannot press a cause of action that was not viable during decedent's life (see, Sweets v Behrens, 88 A.D.2d 745, 746). We have considered plaintiffs' remaining arguments...

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