Christopulos v. Christopulos

• Decision Date: 11 January 2019
• Docket Number: 705015/2014,Motion Seq. Nos. 12 and 13,No. 705015/2014
• Citation: Christopulos v. Christopulos, 2019 NY Slip Op 34855(U), Motion Seq. Nos. 12 and 13, No. 705015/2014 (N.Y. Sup. Ct. Jan 11, 2019)
• Parties: GREGORY CHRISTOPULOS, Plaintiff, v. KATHERINE CHRISTOPULOS, Individually and as Trustee of the Julia Christopulos Irrevocable Trust, BROWNSTONE RESTORATION, INC., and NICHOLAS SPYREAS, Defendants.
• Court: New York Supreme Court

1

2019 NY Slip Op 34855(U)

GREGORY CHRISTOPULOS, Plaintiff,
v.
KATHERINE CHRISTOPULOS, Individually and as Trustee of the Julia Christopulos Irrevocable Trust, BROWNSTONE RESTORATION, INC., and NICHOLAS SPYREAS, Defendants.

No. 705015/2014, Motion Seq. Nos. 12 and 13

Supreme Court, Queens County

January 11, 2019

Unpublished Opinion

HONORABLE FREDERICK D.R. SAMPSON JUSTICE

The following papers numbered 1 to 4, 1 to 2, E135 to E146, E152 to E173,and E177 to E186, read on this motion by defendant, Nicholas Spyreas (Seq. 12), seeking to vacate and strike plaintiffs note of issue, pursuant to 22 NYCRR 202.21 (e); and cross motion by plaintiff seeking, among other things, summary judgment against Katherine Christopulos for breach of her fiduciary duties, and to remove her as Trustee, pursuant to CPLR 3212; and this motion by plaintiff (Seq. 13) seeking to, among other things, strike Spyreas' answer for failure to comply with discovery, pursuant to CPLR3126, and to cancel the mechanic's liens filed by Spyreas.

Papers Numbered
Notices of Motion and Cross Motion (Seq. 12) -Affirmation - Affidavit - Exhibits...................................................	1-4 E135-E144
Answering Affirmations - Exhibits...................................................	E145-E146 E152-E157
Reply Affirmation - Exhibits..............................................................	E158-E159
Notice of Motion (Seq. 13) - Affirmation - Exhibits........................	E160-E171
Answering Affirmation - Affidavit - Exhibits..................................	1-2 E172-E173

2

Reply Affirmation - Exhibits............................................................... E177-E186

Julia Christopulos was the owner of premises located at 155-28 Cherry Avenue, Flushing, New York. Her daughter, defendant, Katherine Christopulos, and Kaatherine's family, lived with Julia at said premises. In February 2011, Julia created the Julia Christopulos Irrevocable Trust, designating Katherine as Trustee. Said Trust was, by its terms, immediately effective, and was to terminate upon the death of Julia, at which time the Trustee was to distribute the corpus of the Trust to Katherine and her brother, plaintiff, Gregory Christopulos, per stripes, in as nearly equal shares as possible. Julia died on June 18,2013, a resident of Queens County. Katherine was named Administrator of Julia's estate. The residence property effectively constituted the entirety of the estate. Katherine, as Administrator/Trustee, has not sold the residence property to date, alleging, as one reason therefor, that the property is burdened by three mechanic's liens taken out by her brother, plaintiffs brother-in-law, defendant Nicholas Spyreas, in the names of Brownstone Restoration, Inc., and his own name "d/b/a Brownstone Restoration." Defendant, Spyreas, alleges that the liens are for construction work performed on the residence property at the behest of the now-deceased, Julia, in the amount of over $523,000.00.

Plaintiff commenced this action seeking an accounting from the Trustee for the expenses of, and income to, the property from the inception of the Trust; for specific performance ordering the dissolution of the...