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Stevenson v. Stevenson

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1969
32 A.D.2d 675 (N.Y. App. Div. 1969)

Opinion

May 26, 1969


In an action to adjudge a deed to be in fact a mortgage and for related relief, plaintiff appeals from a judgment of the Supreme Court, Nassau County, dated May 23, 1968, which dismissed the complaint after a nonjury trial. Judgment affirmed, with costs. In our opinion, plaintiff failed to establish her cause of action by "clear and conclusive evidence" ( Ensign v. Ensign, 120 N.Y. 655, 656). Moreover, she was guilty of laches in not challenging the validity of the document in question until 1967. The deed was executed in 1953 and plaintiff did not institute the instant action until some two years after the death of the grantee, respondent's testatrix, in 1965. Under these circumstances it was prejudicial to make the executor of her estate defend this action. Brennan, Acting P.J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.


Summaries of

Stevenson v. Stevenson

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1969
32 A.D.2d 675 (N.Y. App. Div. 1969)
Case details for

Stevenson v. Stevenson

Case Details

Full title:DOROTHY STEVENSON, Appellant, v. JOHN J. STEVENSON, as Executor of MARY F…

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

Date published: May 26, 1969

Citations

32 A.D.2d 675 (N.Y. App. Div. 1969)
300 N.Y.S.2d 676

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