Firm Achieves Victory for the Estate of James Clayton Larmett in Suit Brought by Former Doorman

October 2024 — HHR won an important ruling for the Estate of James Clayton Larmett in a suit brought in Manhattan by Larmett's former doorman Jose Rafael Padilla alleging Larmett promised Padilla a third of his estate.

Padilla was the doorman at the Upper East Side apartment building that Larmett lived in for over 28 years prior to his death in 2021. In his suit, Padilla alleged that he had developed a friendship with Larmett and his wife over the years and, after Larmett's wife's death, took care of Larmett, going as far as to sleep in his apartment until a home health aide was hired.

Padilla alleged that in 2020 Larmett promised him one fourth of his estate after his death, in consideration for the help and friendship Padilla gave him over the years. Padilla alleged that in January 2021, just weeks before his death, Larmett offered to adjust his will to leave Padilla a third of his estate.

In his final will from 2016, after his wife's death, Larmett left his entire estate to three animal rescue centers.

On Oct. 3, 2024, the Appellate Division of the New York Supreme Court affirmed the New York County Surrogate's Court's dismissal of Padilla's claim. The appellate court found that Padilla failed to present indisputable evidence of a contract to make a testamentary bequest. The executor of the estate can now distribute its assets to the three animal rescue centers that Larmett named as sole beneficiaries of his estate.

Richard J. Miller, Jr. led the HHR team, with primary assistance from Sigrid Jernudd.