In re Charlotte W.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: County Court properly declared null and void the transfers by the alleged incompetent person (AIP) of *1033her home and $48,164.96 to respondent, her son. Petitioner met his burden of establishing that the AIP was incapacitated at the time of the transfers (see, Spallina v Giannoccaro, 98 AD2d 103; Matter of Camarda, 63 AD2d 837, 839) and that a confidential relationship existed between the AIP and respondent (see, Peters v Nicotera, 248 AD2d 969, 970). The burden then shifted to respondent to show that the transfers were not the product of undue…
2Cases cited4 opinions
- In re the Estate of CamardaAppellate Division of the Supreme Court of the State of New York · 1978
- Spallina v. GiannoccaroAppellate Division of the Supreme Court of the State of New York · 1983
- Peters v. NicoteraAppellate Division of the Supreme Court of the State of New York · 1998
- Hall v. ClyneAppellate Division of the Supreme Court of the State of New York · 1994