From Casetext: Smarter Legal Research

Alston v. Gregory

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 2001
281 A.D.2d 440 (N.Y. App. Div. 2001)

Opinion

Argued February 13, 2001.

March 12, 2001.

In an action for a judgment declaring a deed null and void, the defendant appeals from a judgment of the Supreme Court, Kings County (Garson, J.), entered August 16, 1999, which, after an nonjury trial, declared the deed null and void.

Marise Robergeau, Brooklyn, N.Y., for appellant.

Hagan, Coury Associates, Brooklyn, N.Y. (William J. Coury and Paul Golden of counsel), for respondents.

Before: GABRIEL M. KRAUSMAN, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The Supreme Court's determination that the defendant, who was responsible for the management of the grantor's day-to-day affairs, had a special relationship with the grantor is supported by the evidence adduced at trial (see, Hennessey v. Ecker, 170 A.D.2d 650, 651). Therefore, it was incumbent upon the defendant to demonstrate that the acquisition of the subject deed was not the product of undue influence (see, Hennessey v. Ecker, supra). The Supreme Court's determination that the defendant exercised undue influence is supported by the record (see, Matter of Antoinette, 238 A.D.2d 762, 763; Hennessey v. Ecker, supra).

The defendant's remaining contentions are without merit.


Summaries of

Alston v. Gregory

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 2001
281 A.D.2d 440 (N.Y. App. Div. 2001)
Case details for

Alston v. Gregory

Case Details

Full title:MACK ALSTON, ETC., ET AL., RESPONDENTS, v. JAN CYNTHIA GREGORY, APPELLANT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 12, 2001

Citations

281 A.D.2d 440 (N.Y. App. Div. 2001)
721 N.Y.S.2d 552

Citing Cases

Whitehead v. Town House Equities, LTD

These allegations were insufficient to raise a triable issue of fact ( see New York City School Constr. Auth.…

Hearst v. Hearst

However, in opposition to the defendants' prima facie showing, the plaintiff raised triable issues of fact as…