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Judge Denies Motion to Dismiss in NY Breach of Fiduciary Duty Suit

Posted on Jan 01, 2016

Real estate developer Eric Hadar recently achieved a small victory in his New York breach of fiduciary duty action against attorneys who represented his father. The lawyers attempted to have the lawsuit dismissed; however, a New York judge denied their bid. Hadar is suing attorneys from Patterson, Belknap, Webb & Tyler LLP, attorneys Michael Rosenbaum and Clay Pierce, and his former CPA, Robert Weir.

As part of his lawsuit, Hadar alleges that the attorneys and the CPA, who represented his father, Richard Hadar, filed frivolous lawsuits against him to damage his reputation and gain control of his real estate holdings. Eric Hadar was in rehab for a drug problem in 2008 when his father allegedly used a power of attorney granted to him in 2004 to take control of the Hadars’ real estate holdings. The power of attorney was originally established when Eric Hadar underwent brain surgery.

In 2009, Richard Hadar filed a lawsuit against his son claiming that he had stolen money, mismanaged holdings, and was unfit to manage the real estate holdings. Eric Hadar claims in his breach of fiduciary duty lawsuit that the attorneys he is now suing were fully aware that the claims his father made were false.

The law firm also brought a lawsuit against Eric Hadar in 2010 on behalf of Weir, who worked for both Eric and Richard Hadar. That lawsuit sought to remove Eric Hadar as trustee of a family trust. The lawsuit was ultimately dismissed.

Contact a New York breach of fiduciary duty attorney today at (888) 497-3410 for more information about breach of contract and other business litigation matters.

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