ELLEN HIRSH v. BRUNENKANT


51 A.D.3d 1258 (2008)

858 N.Y.S.2d 437

MARY ELLEN HIRSH, as Administrator of the Estate of NEAL HIRSH, Deceased, Respondent, v. JENNIFER L. BRUNENKANT et al., Appellants.

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

Decided May 15, 2008.


Stein, J.

Neal Hirsh (hereinafter decedent) was the first cousin of defendant Jennifer L. Brunenkant. On December 15, 1994, Brunenkant executed a promissory note by which she agreed to pay decedent the sum of $250,000. At some time in 1995, Brunenkant formed defendant Construction Lending Corporation (hereinafter CLC). Between 1998 and 2004, decedent loaned over $2,000,000 to CLC. CLC regularly paid interest on the loans and also made some payments of principal. Decedent...

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