DURKIN v. PETRIE

1007 CA 20-00992.

200 A.D.3d 1701 (2021)

155 N.Y.S.3d 893

2021 NY Slip Op 07411

Mary E. Durkin, as Administrator of the Estate of Henry L. Reed, Deceased, Appellant, v. John Petrie, Respondent.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

FRANK A. ALOI , ROCHESTER, FOR PLAINTIFF-APPELLANT.

THE LAMA LAW FIRM, LLP, ITHACA ( CIANO J. LAMA OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Troutman, Winslow and DeJoseph, JJ.


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

Memorandum: Plaintiff, as administrator of the estate of Henry L. Reed (decedent), commenced this action seeking, inter alia, a determination that a deed executed by decedent prior to his death, which conveyed decedent's interest in certain real property to defendant, was void ab initio based upon decedent's incompetence. Defendant moved for summary judgment dismissing the...

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