Bausch v. Slone

Appellate Division of the Supreme Court of New York

Bausch v. Slone

163 A.D.2d 349, 559 N.Y.S.2d 653, 1990 N.Y. App. Div. LEXIS 8861

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 9, 1990

StatusPublished

Cited by1 cases

This text of 163 A.D.2d 349 (Bausch v. Slone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bausch v. Slone, 163 A.D.2d 349, 559 N.Y.S.2d 653, 1990 N.Y. App. Div. LEXIS 8861 (N.Y. Ct. App. 1990).

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Opinion

In an action, inter alia, for the imposition of a constructive trust, the plaintiff appeals from an order of the Supreme Court, Orange County (Ingrassia, J.), dated April 20, 1989, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The requisites for a valid inter vivos gift are: intent on the part of a donor to make a gift of property, a delivery of the property pursuant to such intent, and acceptance on the part of the donee (see, Gruen v Gruen, 68 NY2d 48). We agree with the Supreme Court that there is no evidence of delivery, actual or constructive, of the alleged gift to the plaintiff. We have examined the plaintiff’s remaining contentions and find them to be without merit. Thus, summary judgment dismissing the complaint was properly granted. Mangano, P. J., Rubin, Rosenblatt and Miller, JJ., concur.

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In an action, inter alia, for the imposition of a constructive trust, the plaintiff appeals from an order of the Supreme Court, Orange County (Ingrassia, J.), dated April 20, 1989, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The requisites for a valid inter vivos gift are: intent on the part of a donor to make a gift of property, a delivery of the property pursuant to such intent, and acceptance on the part of the donee (see, Gruen v Gruen, 68 NY2d 48). We agree with the Supreme Court that there is no evidence of delivery, actual or constructive, of the alleged gift to the plaintiff. We have examined the plaintiff’s remaining contentions and find them to be without merit. Thus, summary judgment dismissing the complaint was properly granted. Mangano, P. J., Rubin, Rosenblatt and Miller, JJ., concur.

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Bluebook (online)

163 A.D.2d 349, 559 N.Y.S.2d 653, 1990 N.Y. App. Div. LEXIS 8861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bausch-v-slone-nyappdiv-1990.

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