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WIDOM v. MITTMAN

39 A.D.3d 374 (2007)

833 N.Y.S.2d 502

ROBERT WIDOM, Plaintiff, and REFUAH RESEARCH, INC., Appellant, v. MAIDA MITTMAN, Respondent, et al., Defendants.

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

Decided April 19, 2007.

The elements necessary for an effective gift are: (1) an intent on the part of the donor to make a present transfer; (2) delivery of the gift, either actual or constructive, to the donee; and (3) acceptance by the donee (see Rubenstein v Rosenthal, 140 A.D.2d 156, 158 [1988]). As to donative intent, the August 2005 agreement refers simply to "anticipation" of Mittman's "investment." It further notes that the $750,000 "will be" derived...

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