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In re the Estate of Nealon

22 N.Y.3d 1045 Court N.Y. Decision date 2014-01-09 English

Judges Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.

Contents

Majority

p. 1045
[4 NE3d 363, 981 NYS2d 353]
In the Matter of the Estate of Muriel M. Nealon, Deceased. Christopher J. Nealon, as Executor of Muriel M. Nealon, Deceased, Appellant; Peter J. Nealon, Respondent, and Tracey McGann, Now Known as Tracey Nealon, Respondent.
Decided January 9, 2014
p. 1046
APPEARANCES OF COUNSEL
Nicholas E. Tishler, Niskayuna, for appellant.
Murphy, Burns, Barber & Murphy, LLP, Albany (Peter G. Barber and Catherine A. Barber of counsel), for Tracey Nealon, respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and judgment absolute dismissing the petition granted upon petitioner’s stipulation. The Appellate Division correctly determined that the issue whether a confidential relationship existed should have been submitted to the jury.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.