Legal Opinion

In re Monks

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

Decided February 4, 1998PublishedCited by 6 opinions

1Opinion of the Court

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Surrogate’s Court erred in granting claimant’s cross motion for summary judgment. The record establishes that, in 1966, decedent signed a document in which she stated that she had given claimant “One Hundred (100) shares of Eastman Kodak Co. Stock Cert Feb. 4, 1998 RC 161744”. In support of her cross motion, claimant asserted that, when decedent gave her the gift, decedent stated that she wanted to collect the dividends that accrued on those shares of stock until her…

2Cases cited3 opinions

  1. In re the Estate of SzaboNew York Court of Appeals · 1961
  2. Mortellaro v. MortellaroAppellate Division of the Supreme Court of the State of New York · 1982
  3. Anagnostou v. StifelAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by6 opinions

  1. Bader v. DigneyAppellate Division of the Supreme Court of the State of New York · 2008
  2. Randall v. McGrathAppellate Division of the Supreme Court of the State of New York · 2008
  3. Smouha v. Metropolitan Transit AuthorityNew York Supreme Court · 2005
  4. CIVILETTO, SAMUAL J. v. INFANTINO, PHILIPAppellate Division of the Supreme Court of the State of New York · 2012
  5. In re CivilettoAppellate Division of the Supreme Court of the State of New York · 2012

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