Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the defendant's cross motion to dismiss the complaint for failure to state a cause of action and for summary judgment. A triable issue of fact exists as to whether the plaintiff had the requisite donative intent to make a valid inter vivos gift of the subject property to her son Arthur Cunningham, who died several years after the transfer was made (see, Gruen...
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