DERAGON v. BURKART


55 A.D.3d 1309 (2008)

866 N.Y.S.2d 841

GWEN DERAGON, as Administratrix of the Estate of IVAN CHRISMAN, Deceased, Respondent, v. PHILLIP E. BURKART, Appellant.

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

October 3, 2008.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action as attorney in fact for her brother (decedent), who was mentally impaired, seeking to recover sums that allegedly were fraudulently taken from decedent by defendant. She thereafter continued the action as administratrix of decedent's estate, and the case proceeded to arbitration. Plaintiff moved to confirm the award, and...

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