Anand v. Anand
Plaintiff estate executor appealed the dismissal of her complaint asserting defendant failed to provide estate with accounting of funds derived from defendant's sale of decedent's property under a power of attorney. Plaintiff asserted breach of fiduciary obligations, unjust enrichment and conversion.
Defendants moved to dismiss on improper venue grounds, asserting the power of attorney was executed in the United Kingdom and the property that was sold was located in India, the proceeds were in banks in India and decedent's will was probated in the United Kingdom.
Defendants failed to submit verifications for those factual assertions and plaintiff disputed many of them. Trial court dismissed the action on venue grounds, finding venue was in India where the property was located.
Plaintiff argued she was not disputing defendant's authority to sell the property, but was seeking an accounting as executor of decedent's estate and venue was proper since defendants resided in the county.
Appeal Court found trial court incorrectly dismissed the complaint on an incomplete record and jurisdictional discovery was required.
Source NJLJ April 30, 2021
