---

Noelle Kowalczyk, Jennifer S. Recine, Marcia Kahnowitz


On April 30, 2009, New York's Appellate Division, First Department, affirmed the dismissal of a multi-million dollar lawsuit against KBT&F client, Middleburg Trust Company, in which a beneficiary of a trust alleged that Middleburg Trust had breached its fiduciary duties as trustee.  The trial court had granted KBT&F's motion to dismiss on the ground that plaintiff had failed to join other trust beneficiaries who were indispensable parties to the lawsuit.  KBT&F attorneys Noelle Kowalczyk, Jennifer S. Recine and Marcia Kahnowitz represented Middleburg Trust Company.