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MATTER OF KOTSONES

No. 22 SSM 21.

37 N.Y.3d 1154 (2022)

181 N.E.3d 547

160 N.Y.S.3d 192

2022 NY Slip Op 00112

In the Matter of SOPHIE PETER KOTSONES, Deceased. JAMES KOTSONES, Appellant, v. ALEXANDER KREOPOLIDES, Also Known as ALEX KREOPOLIDES, et al., Respondents.

Court of Appeals of New York.

Decided January 11, 2022.

Attorney(s) appearing for the Case

Mullen Associates PLLC, Bath (Aaron I. Mullen of counsel), for appellant.

Miller Mayer LLP, Ithaca (Anthony N. Elia III of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division applied the correct standards for determining whether a confidential relationship existed or whether undue influence was exercised. To the extent the Appellate Division made new findings, we conclude that its findings more nearly comport with the weight of the evidence (see Dryden Mut. Ins. Co. v Goessl,...

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