Legal Opinion

McCarthy v. Kaminski

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

Decided September 2, 2015No. 2013-09585PublishedCited by 2 opinions

1Opinion of the Court

In an action, inter alia, to set aside three deeds, which was transferred from the Supreme Court, Suffolk County, the plaintiff appeals from a decree of the Surrogate’s Court, Suffolk County (Czygier, S.), entered August 7, 2013, which, upon a decision dated December 18, 2012, made after a nonjury trial, dismissed the complaint insofar as asserted against the defendants Frank Kaminski and Ernest Saasto.

Ordered that the decree is affirmed, without costs or disbursements.

To establish the existence of a valid inter vivos gift, the donee must prove three elements by clear and convincing evidence:…

2Cases cited4 opinions

  1. Gruen v. GruenNew York Court of Appeals · 1986
  2. Bader v. DigneyAppellate Division of the Supreme Court of the State of New York · 2008
  3. In re the Estate of PiterniakAppellate Division of the Supreme Court of the State of New York · 2005
  4. Dwyer v. AdlerAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by2 opinions

  1. Juliano v. JulianoAppellate Division of the Supreme Court of the State of New York · 2016
  2. 762 Park Place Realty, LLC v. LevinAppellate Division of the Supreme Court of the State of New York · 2018

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