PRESHAZ v. PRZYZIAZNIUK


51 A.D.3d 752 (2008)

858 N.Y.S.2d 290

LILLIAN PRESHAZ, Also Known as ROMA PRESHAZ, Respondent, v. EUGENE PRZYZIAZNIUK, Appellant.

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

Decided May 13, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the Supreme Court properly denied those branches of his motion which were for summary judgment dismissing the first and second causes of action to set aside the conveyance based upon the grantor's incompetence and undue influence. "As a general rule, a party's competence is presumed, and in order to set aside a transfer of property on the ground of lack...

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