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STEVENSON v. STEVENSON

32 A.D.2d 675 (1969)

Dorothy Stevenson, Appellant, v. John J. Stevenson, as Executor of Mary F. McDermott, Deceased, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 26, 1969

Judgment affirmed, with costs.

In our opinion, plaintiff failed to establish her cause of action by "clear and conclusive evidence" (Ensign v. Ensign, 120 N.Y. 655, 656). Moreover, she was guilty of laches in not challenging the validity of the document in question until 1967. The deed was executed in 1953 and plaintiff did not institute the instant action until some two years after the death of the grantee, respondent...

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