FOX v. SKOLNICK


289 A.D.2d 87 (2001)

734 N.Y.S.2d 161

COREY FOX, Respondent, v. ALLEN SKOLNICK, Appellant.

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

Decided December 13, 2001.


Although this Court, unlike the court at nisi prius, is not bound by the doctrine of law of the case, where the decedent and defendant arguably had a fiduciary relationship with each other, issues of credibility are presented as to the parties' dealings, the decedent's allegedly diminished capacity and his reliance upon defendant, which cannot be resolved on the present...

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