New York, New York
| Partner | |
| phone | (212) 818-9600 |
| fax | (212) 818-1264 |
| gfreidman@gss-law.com | |
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 Masters 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 Courts proceedings and has participated in various trials and hearings in the Surrogate's Courts. These matters 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 contested probate, advice and direction, and accounting proceedings.
Mr. Freidman has lectured on Surrogate's Court matters before the New York State Bar Association (5th 6th and 7th Annual Sophisticated Trusts and Estates Law Institute - November, 2007, 2008 and 2009; The Anatomy of an Estate - October 2006; Program Co-Chair; Estate Litigation -December 2002; Sleepless in Boston: Administering the Problem Estate - October 2002, Program Co-Chair; Representing the Fiduciary: The Problems and the Remedies - September 2000; Settling Litigation in the Surrogate's Court - January 1999, Program Co-Chair; Surrogate's Court Proceedings - Spring 2000; 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; 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, he has lectured on Surrogate's Court and litigation matters at Cardozo Law School and the New School for Social Research.
- 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
- 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
- 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
- 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)
- Classes/Seminars Taught:
- 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
- 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
- Past Employment Positions:
- New York State Supreme Court, Appellate Division, 2d Judicial Dept, Appellate Law Assistant, 1979 - 1981
