MARCONI v. MARCONI


107 Misc.2d 720 (1981)

Louis Marconi, Plaintiff, v. Joseph Marconi, Defendant.

Supreme Court, Special Term, Broome County.

February 2, 1981


Attorney(s) appearing for the Case

Remo A. Allio for plaintiff. Hinman, Howard & Kattell (John M. Keeler of counsel), for defendant.


RICHARD F. KUHNEN, J.

Plaintiff and defendant are brothers. The suit involves a request for judgment declaring that plaintiff is entitled to visit their 94-year-old mother who resides with defendant and to take her out one day a week for an afternoon and evening. Plaintiff bases his right to do so on an alleged oral agreement between the brothers, which defendant denies.

From the pleadings and affidavits it appears that the mother, a widow, resided...

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