A subtitle from a recent NYLJ case digest summary reads: “Petitioner Not Allowed to Seek Court’s Advice For Purposes of Trust Construction” (NYLJ, Oct. 2, 2023, Case Digest: Application of Lazar Follman). In this matter, the petitioner initially brought the matter as a construction proceeding and respondent argued that petitioner actually sought advice and direction from the court without showing extraordinary circumstances.

While there were other factors at play, the court ultimately determined that neither a construction proceeding nor a proceeding for advice and direction were what was actually being sought here and the petition was dismissed. Application of Follman, 2023 WL 6303560, 2023 N.Y. Slip Op. 23292.