Bandas v. Emperor

OPINION OF THE COURT

Frederic T. Henry, Jr., J.

Defendants have moved this court for judgment pursuant to CPLR 3211 dismissing plaintiff’s complaint for failure to state a cause of action.

The subject action has been brought to set aside the transfer of real and personal property on the grounds of lack of consideration and intent to defraud plaintiff of a just claim against defendant Margaret C. Emperor. Specifically it is alleged that on July 7,1981 defendant Margaret was admitted to Auburn Memorial Hospital where she continues as a patient. On July 9, 1981 she executed a power of attorney to…