FOX v. SKOLNICK (2001)

Supreme Court, Appellate Division, First Department, New York.

Corey FOX, etc., Plaintiff-Respondent, v. Allen SKOLNICK, Defendant-Appellant.

Decided: December 13, 2001

NARDELLI, J.P., WILLIAMS, TOM, ANDRIAS, and MARLOW, JJ.

Order, Supreme Court, New York County (Robert Lippmann, J.), entered November 28, 2000, which insofar as appealed from, as limited by the briefs, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Although this Court, unlike the court at nisi prius, is not bound by the doctrine of law of the case, where the decedent and defendant arguably had a fiduciary relationship with each other, issues of credibility are presented as to the parties' dealings, the decedent's allegedly diminished capacity and his reliance upon defendant, which cannot be resolved on the present record.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network