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MACK ALSTON, ETC., ET AL., RESPONDENTS, v. JAN CYNTHIA GREGORY, APPELLANT.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The Supreme Court's determination that the defendant, who was responsible for the management of the grantor's day-to-day affairs, had a special relationship with the grantor is supported by the evidence adduced at trial (see, Hennessey v. Ecker, 170 A.D.2d 650, 651). Therefore, it was incumbent upon the defendant to demonstrate that the acquisition of the subject deed was not the product of undue influence (see, Hennessey v. Ecker, supra). The Supreme Court's determination that the defendant exercised undue influence is supported by the record (see, Matter of Antoinette, 238 A.D.2d 762, 763; Hennessey v. Ecker, supra).

The defendant's remaining contentions are without merit.

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ALSTON v. GREGORY
(Mar 12, 2001)