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ALSTON v. GREGORY

281 A.D.2d 440 (2001)

721 N.Y.S.2d 552

MACK ALSTON, Individually and as Executor of MARY E. TALBERT, Deceased, Respondent, v. JAN C. GREGORY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 12, 2001.

Ordered that the judgment is affirmed, with costs.

The Supreme Court's determination that the defendant, who was responsible for the management of the grantor's day-to-day affairs, had a special relationship with the grantor is supported by the evidence adduced at trial (see, Hennessey v Ecker, 170 A.D.2d 650, 651). Therefore, it was incumbent upon the defendant to demonstrate that the acquisition of the subject deed was...

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