YABKOW v. YABKOW

2010-09325.

89 A.D.3d 932 (2011)

933 N.Y.S.2d 105

2011 NY Slip Op 8353

JOYCE YABKOW, Respondent, v. MILTON YABKOW et al., Defendants, and BANK OF AMERICA, N.A., Appellant.

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

Decided November 15, 2011.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Bank of America, N.A., for summary judgment dismissing the complaint insofar as asserted against it is granted.

On October 17, 2000, the plaintiff executed a durable general power of attorney appointing her now former husband Milton Yabkow (hereinafter Yabkow) as her attorney-in-fact. The power of attorney expressly provided that a third party was entitled to rely on the document...

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