Kramer v. Danalis

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered October 2, 2008, which granted defendant’s motion for partial summary judgment dismissing the second amended complaint, except for the cause of action for an accounting, and on his first counterclaim declaring that a 2002 agreement between himself and Irving T. Bush is valid, and denied plaintiff’s application for distributions, unanimously affirmed, without costs.

In opposition to defendant’s showing that Bush, an elderly real estate investor and attorney, was competent and unaffected by undue influence when he and…