Hennessey v. Ecker
Opinion of the Court
In an action to determine title to certain real property and for an accounting, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (LeVine, J.), entered January 20, 1989, as, after a nonjury trial, awarded the plaintiff the sum of $15,743, representing one-half of the proceeds of the sale of the subject property, and the plaintiff cross-appeals, as limited by her brief, from so much of the same judgment as denied her requests for interest on the awarded sum from September 1983, costs, and disbursements.
Ordered that the judgment is affirmed, without costs or disbursements.
In 1978, Rose Ecker, the parties’ now deceased mother, inherited from her late sister title to the subject property, a six-family building. At that time, Mrs. Ecker, who was in her eighties, was living in a nursing home. The property was
While the trial court frequently questioned the witnesses, it did not display any prejudice or bias with respect to any of the parties. The questions were evidently intended to elicit and clarify facts material to the issues in the trial and to expedite the trial. Moreover, the parties were permitted to conduct effective examinations of the witnesses, and there is no claim made by the defendant that he was prevented from presenting any relevant evidence. Under these circumstances, the defendant’s arguments with respect thereto are without merit (see, La Motta v City of New York, 130 AD2d 627; Gallo v Supermarkets Gen. Corp., 112 AD2d 345, 348).
Further, our review of the record indicates that the judgment was supported by the evidence adduced at trial, and was not against the weight of the credible evidence. In view of the relationship between the defendant and his mother, the defendant had the burden of establishing that the transaction was not the product of undue influence (see, Allen v La Vaud, 213 NY 322, 326-328; see also, Matter of Gordon v Bialystoker Center & Bikur Cholim, 45 NY2d 692, 698-699). At a minimum, the defendant used an "overmastering influence” (Cowee v Cornell, 75 NY 91, 100) on his mother, who was clearly dependent upon the defendant with regard to the management of her affairs. The defendant admitted that the property was conveyed at his urging and that he had not paid
Case-law data current through December 31, 2025. Source: CourtListener bulk data.