Schlage v. Barrett

Full title: FLORENCE SCHLAGE, Appellant, v. DAVID BARRETT et al., Respondents

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

Date published: Mar 22, 1999

259 A.D.2d 691 (N.Y. App. Div. 1999)

686 N.Y.S.2d 845

Opinion

March 22, 1999

Appeal from the Supreme Court, Queens County (Leviss, J.H.O.).

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the defendants established her intent to make an inter vivos gift by clear and convincing evidence (see, Gruen v. Gruen, 68 N.Y.2d 48, 53). Additionally, the plaintiff did not meet her burden of proving her incompetence at the time the gift was given (see, Smith v. Comas, 173 A.D.2d 535; see also, Feiden v. Feiden, 151 A.D.2d 889, 890).

The plaintiff's remaining contentions are without merit.

O'Brien, J. P., Ritter, Thompson and Joy, JJ., concur.