Legal Opinion

Gruen v. Gruen

New York Court of Appeals

Decided July 8, 1986PublishedCited by 102 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

Plaintiff commenced this action seeking a declaration that he is the rightful owner of a painting which he alleges his father, now deceased, gave to him. He concedes that he has never had possession of the painting but asserts that his father made a valid gift of the title in 1963 reserving a life estate for himself. His father retained possession of the painting until he died in 1980. Defendant, plaintiff’s stepmother, has the painting now and has refused plaintiff’s requests that she turn it over to him. She contends that the purported gift was testamentary in…

2Cases cited21 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Martin v. . FunkNew York Court of Appeals · 1878
  3. Young v. . YoungNew York Court of Appeals · 1880
  4. In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
  5. Vincent v. RixNew York Court of Appeals · 1928

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3Cited by102 opinions

  1. Abercrombie v. Andrew CollegeDistrict Court, S.D. New York · 2006
  2. Culwick v. WoodDistrict Court, E.D. New York · 2019
  3. Peter E.C. Muserlian, Theodora Muserlian and Peter Muserlian v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1991
  4. Rubenstein v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1988
  5. BAKALAR v. VavraDistrict Court, S.D. New York · 2011

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