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VALENTE v. VALENTE

191 Misc.2d 70 (2002)

739 N.Y.S.2d 877

JOSEPHINE VALENTE, Appellant, v. JAMIE A. VALENTE, Individually and as Distributee of the Estate of JOSEPH A. VALENTE, Deceased, Respondent.

Supreme Court, Appellate Term, Second Department.

January 16, 2002.

Attorney(s) appearing for the Case

John S. Pokalsky, New York City, for appellant.

No appearance for respondent.

SCHOLNICK, P.J., and ARONIN, J., concur; RIOS, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment affirmed without costs.

At trial, plaintiff testified that she gave decedent, her son, and defendant, her daughter-in-law, the sum of $24,500 as a gift towards the purchase of a house. Plaintiff also testified that the money was given as a gift with the understanding that she would live at said premises. After the house was purchased, plaintiff's son died in the...

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