Practice point: When plaintiff alleges that defendant fraudulently concealed assets from the public administrator, res judicata does not prevent the recovery of assets improperly omitted from the estate settlement.
Practitioners should note that a Surrogate's Court decree settling an account does have conclusive effect on previously undisclosed and undiscovered assets.
Case: Lambert v. Sklar, NY Slip Op 03486 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Comparative negligence.
For another instructive case, click here.
