Gary B. Freidman

Phone: 212-818-9336
Fax: 212- 818-1264
Email: gfreidman@gss-law.com
vCard:

Gary B. Freidman is a partner at Greenfield Stein & Senior, LLP, and practices in trusts and estates litigation. Mr. Freidman has been involved in numerous contested Surrogate’s Courts proceedings, both as an advocate and a mediator, and has participated in trials and hearings in the Surrogate’s Courts. These matters involved diverse issues such as the extent to which an in terrorem clause may be enforced, the validity of a charitable remainder unitrust, investment loss disputes, 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 is a Fellow of the American College of Trust and Estate Counsel (ACTEC), and is a Former Chair of the Trusts and Estates Law Section of the New York State Bar Association, where he also served as chair of the Estate Litigation and Legislation Committees. He is also a member of the American Bar Association (Real Property, Probate and Trust Law Section), the Association of the Bar of the City of New York (Committee on Trusts, Estates and Surrogate’s Courts) and the Westchester County Bar Association.

Mr. Freidman has received an “AV” rating from the Martindale-Hubbell Law Directory, and has been ranked by Chambers High Net Worth 2017 and 2018 in its highest tier, Band 1 in Private Wealth Disputes, across the United States of America. Mr. Freidman has been named as a “Super Lawyer” every year since 2006.

Mr. Freidman has lectured on Surrogate’s Court matters and Mediation before the American Law Institute, the Association of the Bar of the City of New York, the Surrogate’s Association of the State of New York, the New York State Bar Association, the New York State Society of Certified Public Accountants, the American Bankers Association 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.

Mr. Freidman 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. Mr. Freidman received his B.A. in Economics from Queens College of the City University of New York in 1975.

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 as an associate, and became a member of the firm in 1986.

Articles and Publications

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

Speaking Engagements and Presentations

  • New York State Bar Association – 5th, 6th, 7th, 8th, 11th, 13th, 14th, 15th & 16th Annual Sophisticated Trusts and Estates Law Institutes (2007 to 2018)
  • American Law Institute – Representing Estate and Trust Beneficiaries and Fiduciaries (2018)
  • New York State Bar Association – Contested Accounting Proceedings in Surrogate’s Court (Fall 2009)
  • Association of the Bar of the City of New York – Estate Planning That’s Not Code-Dependent (June 2007)
  • 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 Remedies (September 2000)
  • New York State Bar Association – Surrogate’s Court Proceedings (Spring 2000)
  • New York State Bar Association – Settling Litigation in the Surrogate’s Court (January 1999)
  • Association of the Bar of the City of New York – Estate Litigation for Beginners (March 1999)
  • New York State Bar Association – Administration of Decedent’s Estates and Related Surrogate’s Court Proceedings (Spring 1995)

Notable Cases

  • Matter of Singer, 13 N.Y.3d 447, 892 N.Y.S2d 836 (2009)
  • Matter of Heller, 6 N.Y.3d 649, 816 N.Y.S.2d (2006)
  • Roberts v. Jossen, 63 N.Y.2d 875, 482 N.Y.S.2d 474 (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)
  • Moser v. Pollin, 294 F.3d 335 (2d Cir. 2002)
  • 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 Assoc., 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 Winston, 214 A.D.2d 677, 625 N.Y.S.2d 927 (2d Dep’t 1995)
  • Matter of Ault, 207 A.D.2d 312, 615 N.Y.S.2d 381 (1st Dept 1994)
  • 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)
  • Roberts v. Jossen, 99 A.D.2d 1002, 473 N.Y.S.2d 469 (1st Dep’t 1984)
  • 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)
  • Matter 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)

Honors and Awards

AV Rating, Martindale Hubbell
Super Lawyer, New York Super Lawyers magazine, 2006-2018
Chambers High Net Worth, Band 1 in Private Wealth Disputes, 2017-2018