Legal Opinion

Fitzgerald v. Fitzgerald

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

Decided January 16, 2003PublishedCited by 7 opinions

1Opinion of the CourtMercure, J.

Appeal from an order of the Supreme Court *852(Bradley, J.), entered April 9, 2002 in Ulster County, which granted a motion by defendants Amelia M. Gritman and Carol A. Curran to dismiss the complaint as time-barred.

Plaintiff alleges that on July 10, 1990, his brother, defendant Leon T. Fitzgerald, forged the signature of decedent, their father, on a document granting him general power of attorney and used this document to withdraw funds from decedent’s bank accounts. Decedent died one day later and, on July 18, 1990, plaintiff wrote a letter to his mother claiming that Fitzgerald fraudulently…

2Cases cited3 opinions

  1. Hoffman v. CannoneAppellate Division of the Supreme Court of the State of New York · 1994
  2. Davis v. A.O. Smith Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Heritage v. ManceAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by7 opinions

  1. McCormick v. FavreauAppellate Division of the Supreme Court of the State of New York · 2011
  2. Animal Protective Foundation of Schenectady, Inc. v. Bast Hatfield, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Elhannon, LLC v. Brenda J. DeLuca TrustAppellate Division of the Supreme Court of the State of New York · 2013
  4. Grasso v. GrassoAppellate Division of the Supreme Court of the State of New York · 2007
  5. Elhannon, LLC v. Brenda J. DeLuca TrustAppellate Division of the Supreme Court of the State of New York · 2013

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