Estate of FRANK C. LA FORGIA, Deceased.

In the Matter of the Estate of FRANK C. LA FORGIA, Deceased. File No.: 2013-331/N — Defendants Joseph LaForgia (“Joseph”), Lisa LaForgia (“Lisa”) and #2 JRL LLC (“JRL”) move, inter alia, to dismiss the verified complaint in this action transferred from Supreme Court.

Frank C. LaForgia (“decedent”) passed away on January 27, 2013. His last will and testament was admitted to probate and letters testamentary were issued to his daughters Cindy LaForgia (“Cindy”) and Donna LaForgia (“Donna”) and to Anthony J. Reitano (“Anthony”), a friend, by decree of this Court dated June 6, 2013. Letters of trusteeship for various testamentary trusts were also issued by said decree. By order of this Court dated April 23, 2014, Anthony’s request to resign as executor was granted. Cindy and Donna are the current co-executors of the estate. Plaintiff, denominated as the decedent’s estate, commenced the instant action by the filing of a verified complaint in Supreme Court, Richmond County, in June of 2014.¹ Plaintiff, in said verified complaint, alleges, in sum, that funds of the decedent were used to purchase a certain parcel of real property (“property”) where he could continue to oversee his business operations; that Joseph arranged this financial transaction; and that as time progressed, Joseph exerted increasing control over this property by, for example, collecting rental income therefrom. Plaintiff further contends that through Joseph’s fraudulent conduct and unbeknownst to the decedent, title to this property was placed in JRL, an entity controlled by Joseph and Lisa, either at the closing in 2006 or, through the use of forged documents, at a later date; that from the closing until his death, the decedent believed he was the owner of the property based on advice Joseph gave him; and that Joseph and Lisa are attempting to sell the property and will retain the proceeds of the sale. Plaintiff seeks a declaratory judgment determining that it is the rightful owner of the property,² an accounting for the income derived from the property, and a preliminary injunction enjoining its sale or encumbrance.