Kazaras v. Manufacturers Trust Co.
| Decision Date | 15 May 1958 |
| Parties | , 151 N.E.2d 356 Hilda Simons KAZARAS, Appellant v. MANUFACTURERS TRUST CO. et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 4 A.D.2d 227, 164 N.Y.S.2d 211.
Donor brought action to set aside a trust indenture, on ground that the donor was induced to execute the indenture by undue influence and duress exercised by and on behalf of her father and did not understand the terms of the indenture.
The Supreme Court, Special Term, New York County, Francis X. Conlon, J., entered judgment dismissing the complaint, 156 N.Y.S2d 275, and the donor appealed.
The Appellate Division, 4 A.D.2d 227, 164 N.Y.S.2d 211, Breitel, J., affirmed the judgment dismissing the complaint, but reversed or modified certain findings of fact and conclusions of law, and held that evidence failed to establish fraud, duress, or undue influence, and that even if there was fraud, duress, or undue influence, there was ratification thereof by the donor. Botein, J., dissented.
The donor appealed to the Court of Appeals.
House, Grossman, Vorhaus & Hemley, New York City (Leonard Hemley nad Sol A. Liebman, New York City, of counsel), for appellant.
Sullivan & Cromwell, New York City (William Piel, Jr., Gordon R. Erickson, New York City, Barbara A. Lindemann, of counsel), for respondent.
Judgment affirmed, without costs.
All concur.
To continue reading
Request your trial
-
Robertson v. Campbell
...v. Manufacturers Trust Co., 156 N.Y.S.2d 275 (1956), aff'd on other grounds, 4 A.D.2d 227, 164 N.Y.S.2d 211, aff'd 4 N.Y.2d 930, 175 N.Y.S.2d 172, 151 N.E.2d 356 (1957); Kemper v. Raffel, 169 Md. 616, 182 A. 461 (1936); Vanderlinde v. Bankers' Trust Co., 270 Mich. 599, 259 N.W. 337 (1935); ......
-
Silver v. Starrett
...for duress. See, for example, the case of Kazaras v. Manufacturers Trust Co., 4 A.D.2d 227, 164 N.Y.S.2d 211, aff'd. 4 N.Y.2d 930, 175 N.Y.S.2d 172, 151 N.E.2d 356, in which it was held that a crippled pregnant young woman, who desperately needed funds from her father, because her husband w......
-
Matthews v. Commissioner
...by the one exercising the influence Kazaras v. Manufacturers Trust Co., 4 A.D. 2d 227, 164 N.Y.S. 2d 211, 220 (1957), affd. 4 N.Y. 2d 930, 175 N.Y.S. 2d 172 (1958). A parent's threat of disinheritance or the withdrawal of financial assistance to an adult child does not constitute undue infl......
-
Hendessi v. N.Y. Coll. of Osteopathic Med. of N.Y. Inst. of Tech.
...to take leave in order to pass exams required for graduation (Kazaras v. Manufacturers Trust Co., 4 A.D.2d 227, 237 [1st Dept 1957], affd4 N.Y.2d 930 [1958];see Gerstein v. 532 Broad Hollow Rd. Co., 75 A.D.2d 292, 297 [1st Dept 1980] ), or that he consented to taking leave under a wrongful ......