Matter of Nealon
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Matter of Nealon
2014 NY Slip Op 00139
Decided on January 9, 2014
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on January 9, 2014
No. 60 SSM 36
[*1]In the Matter of the Estate of Muriel M. Nealon, Deceased. Christopher J. Nealon, as Executor of the Estate of Muriel M. Nealon, Deceased, Appellant; Peter J. Nealon, Respondent; Tracey McGann, Now Known as Tracey Nealon, Respondent.
Submitted by Nicholas E. Tishler, for appellant.
Submitted by Peter G. Barber, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, 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. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.
Decided January 9, 2014
Decided on January 9, 2014
No. 60 SSM 36
[*1]In the Matter of the Estate of Muriel M. Nealon, Deceased. Christopher J. Nealon, as Executor of the Estate of Muriel M. Nealon, Deceased, Appellant; Peter J. Nealon, Respondent; Tracey McGann, Now Known as Tracey Nealon, Respondent.
Submitted by Nicholas E. Tishler, for appellant.
Submitted by Peter G. Barber, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, 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. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.
Decided January 9, 2014
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