RUBIN v. BUDABIN


40 A.D.2d 690 (1972)

Bertha Rubin, Respondent, v. Ada Budabin et al., as Executors of Meyer Budabin, Deceased, Appellants

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

October 10, 1972


Judgment reversed, on the law, with costs, and complaint dismissed.

In our view, the nature and extent of the past and future services allegedly performed by plaintiff for the decedent, her uncle, were insufficient as a matter of law to constitute consideration for the purported note. Clearly, the alleged "services" performed by plaintiff fall into the category of gratuitous acts rendered without expectation of payment or...

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