ANNIS v. PHILLIPS


256 A.D.2d 531 (1998)

683 N.Y.S.2d 107

ROBERT E. ANNIS, Respondent, v. DARRELL PHILLIPS, as Distributee of GEORGE W. PHILLIPS, Deceased, Appellant.

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

Decided December 28, 1998.


Ordered that the judgment is affirmed, with costs.

In May 1987 the defendant conveyed his residential premises to the plaintiff in return for a $50,000 mortgage and the right to remain on the property for the rest of his life. The deed stated that the defendant could remain there at a "reasonable monthly rental". The defendant lived on the premises for nine years. During the first 5½ years, the defendant paid no rent to the plaintiff, but spent money to make...

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