Matter of Nealon, 22 NY3d at 1046 (2014)
2014 NY Slip Op 00139 [22 NY3d 1045]
January 9, 2014
Court of Appeals
[*1]
In the Matter of the Estate of Muriel M. Nealon, Deceased. Christopher J. Nealon, as Executor of Muriel M. Nealon, Deceased, Appellant; Peter J. Nealon, Respondent, and Tracey McGann, Now Known as Tracey Nealon, Respondent.
Decided January 9, 2014
Matter of Nealon, 104 AD3d 1088, affirmed.
{**22 NY3d at 1046} 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.