David Moll

At a case conference, the court ordered the respondent to select three real estate brokers from a list proposed by independent counsel to obtain opinions of value for three properties subject to the application.

Following the valuations, the parties are to schedule a further case conference to determine next steps.

The defendant lawyer brought a motion to set aside a default judgment entered against him in an action alleging negligence and breach of fiduciary duty regarding his role in managing an estate.

The lawyer argued he ignored the statement of claim because he believed it lacked merit.

The court dismissed the motion, finding the lawyer's explanation implausible and noting that his failure to defend showed a careless disregard for the legal process.

The court also found that the prejudice to the plaintiff, due to the death and incapacity of key witnesses, outweighed any prejudice to the defendant.

An estates dispute arose over ownership of a residential property transferred by elderly parents to a daughter as a joint tenant without consideration.

The applicants alleged the transfer was invalid due to non est factum, undue influence, or a resulting trust, and alternatively argued that a later transfer severed the joint tenancy.

The court found the parents understood the nature and consequences of the transaction and intended to make a complete inter vivos gift, thereby rebutting the presumption of resulting trust under Pecore.

The court also held the later transfer into the daughter’s sole legal title accompanied by a declaration of trust did not sever the joint tenancy.

The property was ordered sold with net proceeds divided equally between the surviving parent and the daughter, and the daughter’s claim for reimbursement for renovations was dismissed for lack of proof.