Surrogate John Czygier Jr.
In a contested turnover proceeding, petitioner fiduciary moved for summary judgment against respondent, her former attorney, to recover possession of property belonging to the estate that respondent failed to turnover from her escrow account. Petitioner retained respondent to pursue litigation on her behalf as the estate’s fiduciary. The litigation was concluded by a settlement with proceeds derived from it held in respondent’s escrow account. Petitioner contended those funds in the escrow account belonged to the estate, yet despite repeated demands, petitioner claimed respondent continued to wrongfully withhold estate property, refusing to deliver the property. The court noted the funds in dispute were allegedly currently on deposit with Capital One Bank in respondents attorney’s escrow account, finding as respondent was disbarred, she could not access the funds in question. The court also stated there was no reasonable explanation for respondent’s failure to turn over the property in her possession that admittedly belonged to the estate. Thus, whether respondent had a claim for legal fees for unpaid services from petitioner was a separate issue, and the court granted petitioner’s motion for summary judgment.
