Stevenson v. Stevenson

Appellate Division of the Supreme Court of New York

Stevenson v. Stevenson

32 A.D.2d 675, 300 N.Y.S.2d 676, 1969 N.Y. App. Div. LEXIS 3902

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

DecidedMay 26, 1969

StatusPublished

Cited by1 cases

This text of 32 A.D.2d 675 (Stevenson v. Stevenson) 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

Stevenson v. Stevenson, 32 A.D.2d 675, 300 N.Y.S.2d 676, 1969 N.Y. App. Div. LEXIS 3902 (N.Y. Ct. App. 1969).

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Opinion

In an action to adjudge a deed to be in fact a mortgage and for related relief, plaintiff appeals from a judgment of the Supreme Court, Nassau County, dated May 23, 1968, which dismissed the complaint after a nonjury trial. Judgment affirmed, with costs. In our opinion, plaintiff failed to establish her cause of action by “clear and conclusive evidence” (Ensign v. Ensign, 120 N. Y. 655, 656). Moreover, she was guilty of laches in not challenging the validity of the document in question until 1967. The deed was executed in 1953 and plaintiff [676]*676did not institute the instant action until some two years after the death of the grantee, respondent’s testatrix, in 1965. Under these circumstances it was prejudicial to make the executor of her estate defend this action. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

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In an action to adjudge a deed to be in fact a mortgage and for related relief, plaintiff appeals from a judgment of the Supreme Court, Nassau County, dated May 23, 1968, which dismissed the complaint after a nonjury trial. Judgment affirmed, with costs. In our opinion, plaintiff failed to establish her cause of action by “clear and conclusive evidence” (Ensign v. Ensign, 120 N. Y. 655, 656). Moreover, she was guilty of laches in not challenging the validity of the document in question until 1967. The deed was executed in 1953 and plaintiff [676]*676did not institute the instant action until some two years after the death of the grantee, respondent’s testatrix, in 1965. Under these circumstances it was prejudicial to make the executor of her estate defend this action. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

32 A.D.2d 675, 300 N.Y.S.2d 676, 1969 N.Y. App. Div. LEXIS 3902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevenson-v-stevenson-nyappdiv-1969.

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