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McCARTHY v. KAMINSKI

File No. 2132/08, 2013-09585.

131 A.D.3d 950 (2015)

15 N.Y.S.3d 892

2015 NY Slip Op 06716

MICHAEL N. McCARTHY, as Preliminary Executor of RUTH E. CORKWELL-DEBERTI, Also Known as RUTH ELIZABETH CORKWELL-DEBERTI, Deceased, Appellant, v. FRANK KAMINSKI et al., Respondents, et al., Defendant.

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

Decided September 2, 2015.

Ordered that the decree is affirmed, without costs or disbursements.

To establish the existence of a valid inter vivos gift, the donee must prove three elements by clear and convincing evidence: the donor's intent to make a present transfer; actual or constructive delivery to the donee; and the donee's acceptance (see Gruen v Gruen, 68 N.Y.2d 48, 53 [1986]; Bader v Digney, 55 A.D.3d 1290

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