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GORDON v. BIALYSTOKER CTR.

45 N.Y.2d 692 (1978)

In the Matter of Sam Gordon, as Administrator of The Estate of Ida Gorodetsky, Deceased, Respondent, v. Bialystoker Center and Bikur Cholim, Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Norman L. Rosenthal for appellant.

Sanford S. Kantor for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

In this action to recover property transferred as a gift to a charitable nursing home for the elderly and infirm by one of its patients, the donee bears the burden of proving by clear and convincing evidence that the gift was voluntarily and understandingly made by the donor, uninfluenced by fraud, duress or coercion.

By this action the administrator...

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