KRAMER v. DANALIS


62 A.D.3d 583 (2009)

879 N.Y.S.2d 430

ARI KRAMER, as Executor of VIRGINIA CASEY BUSH, Deceased, and as Administrator d.b.n. of the Estate of IRVING T. BUSH, Deceased, Appellant, v. IOANNIS DANALIS, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 26, 2009.


In opposition to defendant's showing that Bush, an elderly real estate investor and attorney, was competent and unaffected by undue influence when he and defendant executed the 2002 agreement, plaintiff failed to raise an issue of fact as to the existence of a fiduciary or confidential relationship between Bush and defendant and failed to carry his burden to demonstrate that the subject transaction was the product of undue influence (see Sepulveda v Aviles,

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