Legal Opinion
Gordon v. Bialystoker Center & Bikur Cholim, Inc.
New York Court of Appeals
Decided December 6, 1978PublishedCited by 112 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
In this action to recover property transferred as a gift to a charitable nursing home for the elderly and infirm by one of its patients, the donee bears the burden of proving by clear and convincing evidence that the gift was voluntarily and understandingly made by the donor, uninfluenced by fraud, duress or coercion.
By this action the administrator of the estate of Ida Gorodetsky seeks to recover from the nursing home in which Ida was a resident at the time of her death the balance of funds transferred to the home by Ida less than a month preceding her death,…
2Cases cited3 opinions
- Koump v. SmithNew York Court of Appeals · 1969
- Cowee v. . CornellNew York Court of Appeals · 1878
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
3Cited by112 opinions
- Fed. Sec. L. Rep. P 98,755, Fed. Sec. L. Rep. P 99,074 William B. Weinberger v. James C. Kendrick, Charles M. CoyneCourt of Appeals for the Second Circuit · 1983
- Bridgestone/firestone, Inc. v. Recovery Credit Services, Inc., Revenue Recovery, Inc. And George BeladinoCourt of Appeals for the Second Circuit · 1996
- Manufacturers Hanover Trust Company v. Nicholas Yanakas, Charles Buonincontri and Camille BuonincontriCourt of Appeals for the Second Circuit · 1993
- Abercrombie v. Andrew CollegeDistrict Court, S.D. New York · 2006
- Hannex Corporation v. Gmi, Inc. G.M.I. Photographic Inc. Robert Brockway Joe Gallen and Sea & Sea Products Ltd, a Japanese CorporationCourt of Appeals for the Second Circuit · 1998
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