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Fox v. Skolnick

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2001
289 A.D.2d 87 (N.Y. App. Div. 2001)

Opinion

4721

December 13, 2001.

Order, Supreme Court, New York County (Robert Lippmann, J.), entered November 28, 2000, which insofar as appealed from, as limited by the briefs, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Eli Uncyk, for plaintiff-respondent.

Stephen W. Schlissel, for defendant-appellant.

Before: Nardelli, J.P., Williams, Tom, Andrias, Marlow, JJ.


Although this Court, unlike the court at nisi prius, is not bound by the doctrine of law of the case, where the decedent and defendant arguably had a fiduciary relationship with each other, issues of credibility are presented as to the parties' dealings, the decedent's allegedly diminished capacity and his reliance upon defendant, which cannot be resolved on the present record.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Fox v. Skolnick

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2001
289 A.D.2d 87 (N.Y. App. Div. 2001)
Case details for

Fox v. Skolnick

Case Details

Full title:COREY FOX, ETC., PLAINTIFF-RESPONDENT, v. ALLEN SKOLNICK…

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

Date published: Dec 13, 2001

Citations

289 A.D.2d 87 (N.Y. App. Div. 2001)
734 N.Y.S.2d 161