B.D. ESTATE PLANNING CORP. v. TRACHTENBERG

651006/11, 3756A, 3756.

149 A.D.3d 550 (2017)

2017 NY Slip Op 02941

53 N.Y.S.3d 26

B.D. ESTATE PLANNING CORP., Respondent, v. MARCY TRACHTENBERG, as Trustee of the ELLIS LIMQUEE FAMILY INSURANCE TRUST, Defendant, and CAROLYN LIMQUEE, Appellant.

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

Decided April 18, 2017.


Summary dismissal of the complaint as against defendant Limquee is not mandated by the doctrine of law of the case. In a prior appeal, this Court granted defendant leave to amend her answer to plead the affirmative defense of recovery of fruits of crimes barred, finding that the record indicated that the insurance policy at issue "may have been part of the scheme to defraud that resulted in the criminal conviction of plaintiff's principal" (B.D. Estate Planning Corp. v...

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