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KELLY v. OVERBAUGH

0020071/8971, RJI No. 19-08-3446

2008 NY Slip Op 32124 (U)

MATTHEW JAMES KELLY, ESQ., as Special Guardian of ELEANOR BROOKS, an Incapacitated Person, Plaintiff, v. SHEILA J. OVERBAUGH, Defendant.

Supreme Court of the State of New York, Greene County.

July 30, 2008.

Attorney(s) appearing for the Case

Freeman & Howard, P.C., Paul M. Freeman, Esq., Hudson, New York, Attorneys for Plaintiff.

Robert J. Gagen, Esq., Hudson, New York, Attorney for Defendant.

DECISION and ORDER

JOSEPH C. TERESI, Judge.

Eleanor Brooks (hereinafter "Ms. Brooks") transferred a remainder interest in the title to her home to her daughter Sheila Overbaugh, the defendant, by deed dated January 5, 2007. It is not contested that by March 2007, Ms. Brooks was diagnosed with Alzheimer's dementia. The parties dispute whether Ms. Brooks was suffering from Alzheimer's dementia approximately two months earlier when the above transfer occurred...

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