Given the undisputed medical evidence that the alleged incapacitated person (AIP) had suffered from a mental defect as a result of his 2003 accident, when he was hit on the head by a piece of plywood falling from the 50th floor of a building, the burden of proof on the issue of his competence to enter into the challenged agreements shifted to respondent, as the advocate of competency (see Matter of Kaminester v Foldes,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
MATTER OF AUQUI
1023, 500137/09.
139 A.D.3d 411 (2016)
29 N.Y.S.3d 173
2016 NY Slip Op 03427
In the Matter of MARIA ROCIO AUQUI, Appellant, for the Appointment of a Guardian of JOSE VERDUGO, an Alleged Incapacitated Person. PEACHTREE FUNDING NORTHEAST, LLC, Respondent. (And a Third-Party Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 3, 2016.
Decided May 3, 2016.
Appellate Division of the Supreme Court of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
