SIZE v. SIZE, SR.


276 A.D.2d 329 (2000)

714 N.Y.S.2d 266

DAVID SIZE, Respondent, v. EARL A. SIZE, SR., Appellant.

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

Decided October 12, 2000.


Defendant is plaintiff's natural father. In 1956, plaintiff was adopted by his stepfather and plaintiff and defendant had no contact with each other for 30 years. However, in 1986, the two began communicating and exchanging visits with each other. In 1987, they entered into an oral agreement whereby defendant executed a mortgage and took legal title to a condominium apartment and plaintiff provided the down payment and agreed to make the mortgage payments while he resided...

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