BARRICK v. BARRICK


83 A.D.2d 290 (1981)

Dora Barrick, Appellant, v. Meryle Barrick, as Administratrix of The Estate of Robert Barrick, Deceased, Respondent

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

November 24, 1981


Attorney(s) appearing for the Case

May Glazer for appellant.

Fred Gardner for respondent.

SULLIVAN and CARRO, JJ., concur with LUPIANO, J.; MURPHY, P. J., and KUPFERMAN, J., dissent in part in separate opinions.


LUPIANO, J.

Robert Barrick, the decedent herein, was 46 years old and had been a practicing attorney in New York for over 20 years at the date of his death on November 8, 1979. Prior to November, 1974, the decedent borrowed $35,000 from his mother, plaintiff Dora Barrick, and on November 1, 1974, executed a promissory note in her favor in the amount of $35,000, payable 60 days from date. The note does not provide for interest. Decedent paid his mother...

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