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Salitsky v. D'Attanasio
Citation: 2023 NY Slip Op 01597Docket: Index No. 656458/21 Appeal No. 17647 Case No. 2022-03781
Court: Appellate Division of the Supreme Court of the State of New York; March 23, 2023; New York; State Appellate Court
Original Court Document: View Document
In Salitsky v. D'Attanasio, the Appellate Division modified a Supreme Court order that had granted the defendant's motion to dismiss the complaint with prejudice. The court denied the motion concerning the first (declaratory judgment), third (conversion), fourth (unjust enrichment), and sixth (undue influence) causes of action while affirming the dismissal of other claims without costs. The plaintiff, Paul Salitsky, alleges that in December 2019, defendant Karen Miller D'Attanasio exerted undue influence or committed fraud to change the beneficiary of a $6 million account from the plaintiff to herself or forged his aunt's signature. Salitsky’s aunt passed away in January 2021. At this pre-discovery stage, the court acknowledged that key information was within the defendant's control and found that Salitsky adequately pleaded the elements of undue influence, including motive, opportunity, and the actual exercise of influence. Factors considered included the unnatural change in the decedent's beneficiary designation, the document's preparation, and the decedent's mental state. Significant circumstances included Salitsky being the decedent's closest relative and beneficiary for ten years, while D'Attanasio was a recent neighbor. The defendant's financial motive and opportunity were established by the account's substantial value and the aunt's advanced age and health issues. The court noted suspicious actions by the defendant, such as the execution of the beneficiary change form and a subsequent $15,000 check written to her. Additionally, allegations that the aunt attempted to stop payment on the check and expressed concerns about being tricked support the claim of undue influence. The court also found that the claims for unjust enrichment and conversion were sufficiently alleged, with unjust enrichment based on the principle that the defendant's benefit should be returned to the plaintiff in equity and good conscience. The plaintiff alleges that his elderly aunt, under the defendant's undue influence, transferred her entire account exceeding $6 million to the defendant, thereby excluding the plaintiff, her closest living relative. The court found that the plaintiff adequately established a basis for his claim, particularly regarding conversion, as he was the rightful beneficiary initially designated by his aunt. The plaintiff seeks a declaration that the beneficiary form from 2019, which names the defendant as the sole beneficiary, is invalid, and that the 2010 form, which names the plaintiff as the sole beneficiary, should prevail. The court noted that the merits of the claim are not relevant at the motion to dismiss stage, allowing the action to proceed. However, the court dismissed the plaintiff's claims for injunction and fraud with prejudice. The injunction claim was dismissed because the plaintiff has a legal remedy that provides adequate relief. The first fraud claim, alleging deceit upon the aunt, was dismissed for lack of specificity. The second fraud claim, regarding misrepresentations in a renunciation and disclaimer by the defendant, was also dismissed due to insufficient allegations of reliance and resulting damages. The court concluded that these claims were fundamentally deficient, warranting dismissal with prejudice. This decision was entered on March 23, 2023.