GUTMAN v. SAVAS


294 A.D.2d 124 (2002)

742 N.Y.S.2d 12

ZVIA GUTMAN et al., Respondents, v. PAUL H. SAVAS et al., Appellants, et al., Counterclaim Defendants.

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

Decided May 7, 2002.


We reject defendants' argument that plaintiff's deposition establishes that the mortgages were gifts and lacked adequate consideration. Plaintiff testified that she did not know and never asked defendants how they determined the amounts of the mortgages they "voluntarily" gave her, and that she understood that the mortgages were not to be recorded. However, she also testified that she sometimes paid building expenses with her own money, and indicated that defendants, in recognition...

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