HENNESS v. HUNT


272 A.D.2d 756 (2000)

708 N.Y.S.2d 180

EMORY HENNESS, Respondent, v. LEONA M. HUNT, Appellant.

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

Decided May 18, 2000.


Rose, J.

Plaintiff alleges that in March 1991 he loaned defendant, his daughter, $41,627.37 to satisfy a mortgage then existing against her real property, and that the consideration for this loan was her oral promise to either make plaintiff a co-owner of said property or execute and deliver a mortgage on the premises. After defendant refused his demand that she deliver a mortgage and took the position that the funds advanced were a gift rather than a loan, plaintiff...

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