Matter of Nealon

Jan 9, 2014
60 SSM 36
Versions:22 NY3d 1045
2014 NY Slip Op 00139

Decided January 9, 2014

Matter of Nealon, 104 AD3d 1088, affirmed.

APPEARANCES OF COUNSEL

Nicholas E. Tishler, Niskayuna, for appellant.

Murphy, Burns, Barber & Murphy, LLP, Albany (Peter G. Barber and Catherine A. Barber of counsel), for Tracey Nealon, respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and judgment absolute dismissing the petition granted upon petitioner‘s stipulation. The Appellate Division correctly determined that the issue whether a confidential relationship existed should have been submitted to the jury.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.