Bausch v. Slone

Full title: SUZANNE M. BAUSCH, Appellant, v. ROBERT J. SLONE et al., Respondents

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

Date published: Jul 9, 1990

163 A.D.2d 349 (N.Y. App. Div. 1990)

558 N.Y.S.2d 562

Opinion

July 9, 1990

Appeal from the Supreme Court, Orange County (Ingrassia, J.).

Ordered that the order is affirmed, with costs.

The requisites for a valid inter vivos gift are: intent on the part of a donor to make a gift of property, a delivery of the property pursuant to such intent, and acceptance on the part of the donee (see, Gruen v. Gruen, 68 N.Y.2d 48). We agree with the Supreme Court that there is no evidence of delivery, actual or constructive, of the alleged gift to the plaintiff. We have examined the plaintiff's remaining contentions and find them to be without merit. Thus, summary judgment dismissing the complaint was properly granted. Mangano, P.J., Rubin, Rosenblatt and Miller, JJ., concur.