Mortellaro v. Mortellaro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously reversed, on the law and facts, without costs, and judgment granted in accordance with the following memorandum:' This record lacks the clear, convincing and satisfactory evidence necessary to support the finding of a completed inter vivos gift (see Matter of Cristo, 86 AD2d 700). This is not meant to imply that the proof of a gift must be by more than a fair preponderance of the evidence, but such evidence in these cases must be more carefully and critically scrutinized (Matter of Kelsey, 29 AD2d 450, 456, affd 26 NY2d 792). The requisite elements necessary to…
2Cases cited11 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- In re the Estate of SzaboNew York Court of Appeals · 1961
- Gordon v. GordonAppellate Division of the Supreme Court of the State of New York · 1979
- In Re the Estate of AbramowitzAppellate Division of the Supreme Court of the State of New York · 1972
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Midland Insurance Co. v. FriedgoodDistrict Court, S.D. New York · 1984
- In re the Estate of CarrollAppellate Division of the Supreme Court of the State of New York · 1984
- In re MonksAppellate Division of the Supreme Court of the State of New York · 1998
- In re the Estate of MacGregorAppellate Division of the Supreme Court of the State of New York · 1986
- In re the Estate of MagacsAppellate Division of the Supreme Court of the State of New York · 1996
5 more not listed; retrieve them via the Exa API.