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FITZGERALD v. FITZGERALD

5 A.D.3d 916 (2004)

772 N.Y.S.2d 881

WILLIAM A. FITZGERALD, Individually and as Administrator of the Estate of AUGUSTUS T. FITZGERALD, Deceased, Appellant, v. LEON T. FITZGERALD, Respondent, et al., Defendants.

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

March 11, 2004.

Mercure, J.P.

Plaintiff alleges that on July 10, 1990., his brother, defendant Leon T. Fitzgerald (hereinafter defendant), forged the signature of decedent, their father, on a general power of attorney form and subsequently used this document to withdraw funds from decedent's bank accounts. Plaintiff ultimately commenced this action in 1998 against defendant and Amelia M. Gritman, a notary public who acknowledged the execution of the power of attorney. Carol A. Curran...

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