Legal Opinion

Spallina v. Giannoccaro

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

Decided December 16, 1983PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Denman, J.

In this action by the conservator of Gaetana Manuse, who was adjudicated incompetent in December, 1979 at the *104age of 82, conservator, who is conservatee’s niece, seeks to recover money transferred by the conservatee to defendants Frank and Mary Ann Giannoccaro between July 5 and July 24, 1979 in the sum of $73,505.48; to impose a constructive trust in that amount; or to recover that sum on a theory of undue influence.

After joinder of issue, defendants were deposed. Frank Giannoccaro testified that he had befriended the conservatee in 1978 while installing a roof…

2Cases cited19 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Miller v. . SchlossNew York Court of Appeals · 1916
  3. Hecht v. City of New YorkNew York Court of Appeals · 1983
  4. Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
  5. Paramount Film Distributing Corp. v. StateNew York Court of Appeals · 1972

14 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Abercrombie v. Andrew CollegeDistrict Court, S.D. New York · 2006
  2. Lehoczky v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  3. Nicolo v. Citibank New York State, N. A.New York Supreme Court · 1990
  4. Schulz v. De SantisAppellate Division of the Supreme Court of the State of New York · 1996
  5. State of NY v. SCA Services, Inc.District Court, S.D. New York · 1999

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API