Opinion · Appellate Division of the Supreme Court of the State of New York
Schneider v. Engelmayer
Schneider v. Engelmayer, 49 A.D.3d 348 (Appellate Division of the Supreme Court of the State of New York 2008)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 2008-03-13
- Topic
- intellectual-property-and-technology
Respondent should not have to pay any part of the evaluator’s fee where the petition, which was dismissed after a hearing for lack of medical evidence substantiating petitioner’s claim of incapacity, lacks the required “specific factual allegations” of personal actions or financial transactions demonstrating incapacity (Mental Hygiene Law § 81.08 [a] [4], [5]; see Matter of Petty, 256 AD2d 281, 283 [1998]). Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ.
Citator
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- Cited by
- 2 opinions
Respondent should not have to pay any part of the evaluator’s fee where the petition, which was dismissed after a hearing for lack of medical evidence substantiating petitioner’s claim of incapacity, lacks the required “specific factual allegations” of personal actions or financial transactions demonstrating incapacity (Mental Hygiene Law § 81.08 [a] [4], [5]; see Matter of Petty, 256 AD2d 281, 283 [1998]). Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ.