Legal Opinion

Oakes v. Muka

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

Decided January 21, 2010PublishedCited by 18 opinions

1Per curiam

In this action, which has been before us on two previous occasions (Oakes v Muka, 56 AD3d 1057 [2008]; Oakes v Muka, 31 AD3d 834 [2006]), plaintiff sought a declaration that the Herbert C. Oakes Living Trust, as amended in September 2000, is in full force and that all subsequent appointments, amendments and affidavits are of no effect because defendant used fraud, duress and undue influence upon Herbert C. Oakes (hereinafter decedent) to make those changes. The matter proceeded to trial, at the conclusion of which the jury rendered a special verdict in favor of plaintiff, finding that…

2Cases cited17 opinions

  1. Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
  2. Sharp v. KosmalskiNew York Court of Appeals · 1976
  3. Simonds v. SimondsNew York Court of Appeals · 1978
  4. Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986
  5. Gordon v. Bialystoker Center & Bikur Cholim, Inc.New York Court of Appeals · 1978

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3Cited by18 opinions

  1. Bonczyk v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2014
  2. Dwyer v. ValachovicAppellate Division of the Supreme Court of the State of New York · 2016
  3. In re the Estate of JacobsAppellate Division of the Supreme Court of the State of New York · 2012
  4. In re GrancaricAppellate Division of the Supreme Court of the State of New York · 2012
  5. Mayfield v. PeekCourt of Appeals of Texas · 2017

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