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BROWN v. GRAZIANO

51 A.D.3d 962 (2008)

857 N.Y.S.2d 511

EDWARD T. BROWN, Respondent, v. VICTOR GRAZIANO, Appellant.

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

Decided May 27, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action, both individually and as executor of the estate of Thomas W. Brown, his father, inter alia, to rescind a deed to real property transferred to the defendant and his late wife by the decedent in 2002. The defendant moved for summary judgment dismissing the complaint, arguing that the deed was acknowledged, which created a presumption of validity (see Elder v Elder,

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