Campbell v. Campbell
| Decision Date | 01 April 2008 |
| Docket Number | 2006-11965. |
| Citation | 50 A.D.3d 614,854 N.Y.S.2d 543,2008 NY Slip Op 02949 |
| Parties | EDWARD F. CAMPBELL et al., Respondents, v. EDWARD F. CAMPBELL, JR., et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed insofar as appealed from, with costs.
In reviewing findings made following a nonjury trial, this Court may render the judgment it finds warranted by the facts, taking account in a close case the fact that the trial judge had the advantage of seeing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Melius v Breslin, 46 AD3d 524, 525 [2007]; Man Choi Chiu v Chiu, 38 AD3d 619, 620 [2007]). In light of the trial court's opportunity to hear and evaluate the credibility of the conflicting testimony as to the determinative issues, we find no reason to disturb its determination that a confidential relationship existed between the parties and that the defendants failed to prove by clear evidence that the transaction was fair, open, voluntary, and well understood, and therefore free from undue influence (see Matter of Gordon v Bialystoker Ctr. & Bikur Cholim, 45 NY2d 692, 698-699 [1978]).
To continue reading
Request your trial
-
Neustein v. Estate of Neustein (In re Neustein)
...judge had the advantage of seeing the witnesses” ( Marini v. Lombardo, 79 A.D.3d 932, 933, 912 N.Y.S.2d 693;see Campbell v. Campbell, 50 A.D.3d 614, 854 N.Y.S.2d 543). Contrary to the contentions of Joshua Neustein, a defendant in Matter No. 2 (hereinafter Joshua), the Surrogate properly aw......
-
In re Boatwright
...“that the transaction was fair, open, voluntary, and well understood, and therefore free from undue influence” ( Campbell v. Campbell, 50 A.D.3d 614, 615, 854 N.Y.S.2d 543;see Matter of Gordon v. Bialystoker Ctr. & Bikur Cholim, Inc., 45 N.Y.2d 692, 698, 412 N.Y.S.2d 593, 385 N.E.2d 285;Oak......
-
Campbell v. Campbell
...interlocutory judgment annulling and setting aside a deed conveying the subject real property to the defendants ( see Campbell v. Campbell, 50 A.D.3d 614, 854 N.Y.S.2d 543). After the conclusion of the nonjury trial, the Supreme Court determined that the defendants were entitled to damages ......
-
In re Daniel B.
...Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809 ; Campbell v. Campbell, 50 A.D.3d 614, 615, 854 N.Y.S.2d 543 ). Here, the facts warranted the Supreme Court's determination that a fiduciary and confidential relationship existed be......