New York Court of Appeals
In the Matter of Sam Gordon, as Administrator of the Estate of Ida Gorodetsky, Deceased, Respondent v. Bialystoker…
December 6, 197845 N.Y.2d 692
Summary
The Court affirmed the Appellate Division's judgment, holding that in a fiduciary relationship the burden of proving a gift was made voluntarily shifts to the donee, and the nursing home failed to meet that burden; the charitable status of the institution does not excuse it, and the exclusion of privileged testimony did not require reversal.