Legal Opinion

Absalon v. Sickinger

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

Decided July 1, 1905PublishedCited by 7 opinions

Appeal by the defendant, Rudolph Sickinger, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of April, 1904, upon the decision of the court, rendered after a trial at the Kings County Special Term, declaring void a certain deed of premises in the borough of Brooklyn, New York city.

1Opinion of the Court

Woodward, J.:

Rosa Absalon, the plaintiff in this action, was, on the 21st day of January, 1902, the owner of certain premises in the borough of Brooklyn, fully described in the complaint. On that date she made, executed and delivered to the defendant in this action a full warranty deed of such premises, without any immediate payment of a consideration, though the deed recites a consideration of five dollars, and this action is brought to set aside such deed, the material allegation of the complaint being as follows: “ That the plaintiff being very sick and feeble and under the doctor’s care,…

2Cases cited3 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  2. Barnard v. . GantzNew York Court of Appeals · 1893
  3. Brightson v. H. B. Claflin Co.New York Court of Appeals · 1904

3Cited by7 opinions

  1. In re the Estate of DonnellyNew York Surrogate's Court · 1935
  2. Kelly v. KellyNew York Supreme Court · 1921
  3. Rosen v. RosenAppellate Division of the Supreme Court of the State of New York · 1997
  4. Polhemus v. PolhemusAppellate Division of the Supreme Court of the State of New York · 1906
  5. Cooke v. HigginsAppellate Division of the Supreme Court of the State of New York · 1912

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