Opinion
November 13, 1995
Appeal from the Supreme Court, Queens County (Dunkin, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The record supports the court's finding that the respondent, who had a limited knowledge of English and of finance, had a confidential relationship with her son, the petitioner. In light of this relationship, it was the petitioner's burden to disprove the respondent's testimony that she paid the petitioner $500 per month towards expenses of the house (see, Matter of Gordon v Bialystoker Ctr. Bikur Cholim, 45 N.Y.2d 692). We find that the petitioner failed to satisfy this burden. Accordingly, the court's determination shall not be disturbed.
The petitioner's remaining contentions are without merit. Thompson, J.P., Joy, Goldstein and Florio, JJ., concur.