Wednesday, October 24, 2012

Family Who Sues Together...Daughter Apple(ant) of Her Dad's Eye

Daily News (New York)
 (Photo credit: Wikipedia)

In what can be seen only as an early Xmas present for New York tabloids the Post and the Daily News, prominent Manhattan attorney Richard Fischbein has sued his 43-year-old attorney daughter Beth Fischbein-Bodner for defamation regarding comments contained in court documents seeking an accounting of a trust he adminsters on her behalf.

Plaintiff Dad is seeking $3 million in punitive damages against his daughter, whom he suggested was ungrateful for his largesse, which he claims includes funding summer travel, private school, college, law school, expensive cars and a job at his firm when she was a newly minted attorney. Although he contends Fischbein-Bodner has routinely received trust-related bank statements, Fischbein alleges his honesty and professional integrity were sullied by her court filing requesting an accounting because of concerns about "waste," "loss of assets" and "self-dealing."

The New York dailies quote a spokesperson for Fischbein who optimistically expects an amicable resolution to the family discord. From a legal standpoint, "TUOL" questions whether the offending statements rise to the level of defamation and whether, in any case, if the remarks are privileged as they appear in a court document. On a more practical note, "TUOL" wonders what Fischbein is going to do when "Take Your Daughter to Work Day" rolls around.
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