MATTER OF STEINBERG


107 A.D.2d 811 (1985)

In the Matter of The Estate of Jack Steinberg, Deceased. Joseph M. Gould, Respondent; Leonard Brodsky, Appellant

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

January 28, 1985


Decree affirmed, with costs, payable by appellant personally.

Upon our review of the record, we find that decedent's lack of capacity at the time the two joint bank accounts in question were created was established by clear and convincing evidence. The record further supports the Surrogate's determination that appellant abused the confidential relationship he enjoyed with decedent and that appellant's testimony was not credible. Accordingly, the Surrogate properly...

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