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SCHLAGE v. BARRETT

259 A.D.2d 691 (1999)

686 N.Y.S.2d 845

FLORENCE SCHLAGE, Appellant, v. DAVID BARRETT et al., Respondents.

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

Decided March 22, 1999.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the defendants established her intent to make an inter vivos gift by clear and convincing evidence (see, Gruen v Gruen, 68 N.Y.2d 48, 53). Additionally, the plaintiff did not meet her burden of proving her incompetence at the time the gift was given (see...

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