Freidman, Gary B. Esq.

Current Employment Position(s)

Partner

Lawyer Overview

GARY B. FREIDMAN was graduated from St. John's University School of Law in 1978 and was admitted to the New York bar in 1979. He received a Master's degree in Taxation from New York University Graduate School of Law in 1982.

From 1979 to 1981, Mr. Freidman served as an appellate law assistant to the Justices of the Appellate Division of the Supreme Court, Second Judicial Department. There, he was responsible for the preparation of confidential bench memoranda analyzing pending appeals for the Justices. In 1981, he joined Greenfield Stein & Senior, LLP (then known as Greenfield Eisenberg Stein & Senior) as an associate, becoming a member of the firm in 1986. His practice is in trust and estate related litigation.

Mr. Freidman has been involved in numerous contested Surrogate's Court proceedings and has participated in various trials and hearings in the Surrogate's Court. These matters have involved diverse issues such as the validity of a charitable remainder unitrust, objections to wills and accountings, the jurisdiction of the Surrogate's Court and the validity of pre-death gifts.

In addition, he has been appointed as a guardian ad litem to represent the interests of minor children in New York, Westchester, Nassau, Suffolk, Bronx and Kings County Surrogate's Court in contested probate, advice and direction, and accounting proceedings.

Mr. Freidman has lectured on Surrogate's Court matters before the following:

• New York State Bar Association - 5th, 6th, 7th and 8th Annual Sophisticated Trusts and Estates Law Institutes - November, 2007, 2008, 2009 and 2010

• New York State Bar Association - Contested Accounting Proceedings in Surrogate's Court - Fall 2009

• New York State Bar Association - The Anatomy of an Estate - October 2006

• New York State Bar Association - Estate Litigation - December 2002 (Program Co-Chair)

• New York State Bar Association - Sleepless in Boston: Administering the Problem Estate - October 2002 (Program Co-Chair)

• New York State Bar Association - Representing the Fiduciary: The Problems and the Remedies - September 2000

• New York State Bar Association - Settling Litigation in the Surrogate's Court - January 1999 (Program Co-Chair)

• New York State Bar Association - Surrogate's Court Proceedings - Spring 2000

• New York State Bar Association - Administration of Decedent's Estates and Related Surrogate's Court Proceedings - Spring 1995

• The Association of the Bar of the City of New York - Estate Planning That's Not Code-Dependent - June 2007

• The Association of the Bar of the City of New York - Estate Litigation for Beginners - March, 1999

• The Surrogate's Association of the State of New York, the Elder Law Section of the New York State Bar Association

• The New York State Society of Certified Public Accountants and the Richmond and Suffolk County Bar Associations.

In addition, Mr. Freidman has lectured on Surrogate's Court and litigation matters at Cardozo Law School, Fordham Law School and the New School for Social Research.

Gary B. Freidman

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Areas of Practice

• Estate and Trust Litigation
• Will Contests
• Contested Accounting Proceedings
• Will Construction Proceedings
• Kinship Proceedings
• Fiduciary Litigation
• Article 81 Guardianship Proceedings
• Probate & Estate Administration

Representative Cases

• Moser v. Pollin, 2d Cir. (294 F.3d 335 2002)
• Matter of Singer, 13 N.Y. 3d 447, 892 NYS 2d 836 (2009)
• Matter of Heller, 6 N.Y.3d 649, 816 N.Y.S.2d (N.Y. 2006)
• Roberts v. Jossen, 473 N.Y.S.2d 469, 99 A.D.2d 1002 (1st Dep't 1984)
• Roberts v. Jossen, 63 N.Y.2d 875, 482 N.Y.S.2d 474 (1st Dep't 1984)
• Nowitz v. Nowitz, 37 A.D.3d 788, 830 N.Y.S.2d 756 (2d Dep't 2007)
• Matter of Kislak, 24 A.D.3d 258, 808 N.Y.S.2d 174 (1st Dep't 2005)
• Matter of O'Connor, 8 A.D.3d 117, 778 N.Y.S.2d 269 (1st Dep't 2004)
• Matter of Brownstone, 289 A.D.2d 97, 735 N.Y.S.2d 78 (1st Dep't 2001)
• Matter of Landolfi, 283 A.D.2d 497, 724 N.Y.S.2d 470 (2d Dep't 2001)
• Boone Associates, L.P. v. Oaster, 257 A.D.2d 370, 683 N.Y.S.2d 47 (1st Dep't 1999)
• Matter of Leopold, 244 A.D.2d 411, 664 N.Y.S.2d 323 (2d Dep't 1997)
• Matter of Ault, 207 A.D.2d 312, 615 N.Y.S.2d 381 (1st Dept 1994)
• Matter of Winston, 214 A.D.2d 677, 625 N.Y.S.2d 927 (2d Dep't 1995)
• Matter of Winston, 205 A.D.2d 922, 613 N.Y.S.2d 461 (3d Dep't 1994)
• Matter of Winston, 174 A.D.2d 748, 573 N.Y.S.2d 878 (2d Dep't 1991)
• Matter of Siegel, 174 Misc.2d 698, 665 N.Y.S.2d 813 (Sur. Ct. New York Co. 1997)
• Matter of Ault, 164 Misc.2d 272, 624 N.Y.S.2d 351 (Sur. Ct. New York Co. 1995)
• Matter of Coven, 148 Misc.2d 132, 559 N.Y.S.2d 798 (Sur. Ct. New York Co. 1990)
• Estate of ACN, 133 Misc.2d 1043, 509 N.Y.S.2d 966 (Sur. Ct. New York Co. 1986)
• Matter of Breitman, 114 Misc.2d 248, 450 N.Y.S.2d 985 (Sur. Ct. New York Co. 1982)
• Matter of Carr, 113 Misc.2d 818, 450 N.Y.S.2d 141 (Sur. Ct. New York Co. 1982)

West Practice Categories

Estate Planning, Guardianships & Conservatorships, Powers of Attorney and Appointment, Trusts, Wills, Litigation & Appeals, State Appellate Practice, Probate & Estate Administration, Estate Administration

Bar Admissions

• New York, 1979
• U.S. District Court Eastern District of New York, 1980
• U.S. District Court Southern District of New York, 1985
• U.S. Court of Appeals 2nd Circuit, 2001

Professional Associations and Memberships

• American Bar Association, Real Property, Probate and Trust Law Section (Member)
• Association of the Bar of the City of New York (Former Member, Committee on Trusts, Estates and Surrogate's Courts)
• New York State Bar Association, Trusts and Estates Law Section (Section Chair, Former Chair,Estate Litigation & Legislation Committees)
• Westchester County Bar Association (Member)

Honors and Awards

• AV Rating, Martindale-Hubbell
• Fellow, American College of Trust and Estate Counsel

Classes and Seminars

• 7th Annual Sophisticated Trusts and Estates Law Institute, New York State Bar Association, 2009
• 6th Annual Sophisticated Trusts and Estates Law Institute, New York State Bar Association, 2008
• 5th Annual Sophisticated Trusts and Estates Law Institute, New York State Bar Association, 2007
• SCPA 2103 Discovery Proceedings, New York State Bar Association, 2007
• Estate Planning That's Not Code-Dependent, Association of the Bar of the City of New York, 2007
• Representing the Fiduciary: The Problems and the Remedies, New York State Bar Association, 2000
• Estate Litigation, New York State Bar Association, 2002
• Surrogate's Court Proceedings, New York State Bar Association, 2000 and 2004
• Settling Litigation in the Surrogate's Court, New York State Bar Association, 1999
• Estate Litigation for Beginners, Association of the Bar of the City of New York, 1999

Past Employment Positions

• New York State Supreme Court, Appellate Division, 2d Judicial Dept, Appellate Law Assistant, 1979 - 1981

Education

• New York University School of Law, New York, New York, 1982
  LL.M. (Taxation)
• St. John's University School of Law, Jamaica, New York, 1978
  J.D.
  Honors: cum laude
• Queens College, Queens, New York, 1975
  B.A.
  Honors: cum laude
  Major: Economics

Published Works

• Relief Against a Fiduciary: SCPA 2102 Proceedings, NYSBA Trusts and Estates Law Section Newsletter, Winter, Vol. 33, No.4, 2000
• Estate Planning in the Face of Divorce: An Ounce of Prevention, New York State Bar Journal, June, 2005
• Estates with Multiple Fiduciaries Pose Ethical and Practical Issues for Attorneys and Clients Alike (Co-Author), New York State Bar Journal, November/December, 2001
• Early Detection of Possible Pitfalls in Fiduciary Obligations Can Prevent Later Problems (Co-Author), New York State Bar Journal, January, 2002
• Assuring the Case You Thought Was Settled, Stays Settled (Co-Author), New York Law Journal, February 21, 2007
• Trust Contests - The Developing Law (Co-Author), New York Law Journal, April 18, 2007
• Surrogate'sPractice and Proceedings - Ethical Dilemmas: An Update, New York Law Journal, October 31, 2008
• The Confidential Relationship: Matter of Fact on Law, New York Law Journal, September 11, 2009

Address

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New York, NY 10016-1901

Phones

212- 818-9600

Faxes

212- 818-1264

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Websites

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