Legal Opinion

Marszal v. Anderson

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 2004PublishedCited by 12 opinions

1Opinion of the CourtSpain, J.

Appeals (1) from an order of the Supreme Court (Monserrate, J.), entered May 14, 2003 in Otsego County, which granted plaintiff’s motion for partial summary judgment, and (2) from an order of said court, entered September 25, 2003 in Otsego County, which denied defendant’s motion to dismiss the complaint.

This appeal involves a challenge to defendant’s authority, as attorney-in-fact for his late mother (hereinafter decedent), to transfer decedent’s property to himself prior to her death. Decedent, who suffered from dementia with moderate impairment of cognitive function, executed a durable…

2Cases cited5 opinions

  1. Semmler v. NaplesAppellate Division of the Supreme Court of the State of New York · 1990
  2. Mantella v. MantellaAppellate Division of the Supreme Court of the State of New York · 2000
  3. In re the Estate of De BelardinoNew York Surrogate's Court · 1974
  4. In re the Estate of De BelardinoAppellate Division of the Supreme Court of the State of New York · 1975
  5. In re the Estate of NaumoffAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by12 opinions

  1. In re the Estate of CurtisAppellate Division of the Supreme Court of the State of New York · 2011
  2. Miller v. Lu-WhitneyAppellate Division of the Supreme Court of the State of New York · 2009
  3. Durazinski v. ChandlerAppellate Division of the Supreme Court of the State of New York · 2007
  4. Wilde v. WildeDistrict Court, S.D. New York · 2008
  5. Goldberg v. MeyersAppellate Division of the Supreme Court of the State of New York · 2020

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