Gitelson v. Quinn

Tom, J.E,

dissents in a memorandum as follows: I respectfully disagree with the majority and conclude that the oral agreement between the parties was not enforceable under the circumstances of this case.

The parties, who are sisters, assert an interest in real property comprising the substantial portion of the estate of their deceased brother, Joseph Dinko. Their dispute arises out of decedent’s execution of two wills. The first, made in 1990, left a certain parcel of real property located in the County of Queens to plaintiff, defendant and a nephew in equal shares, with the rest of his estate…