January 9, 2014
In the Matter of the Estate of Muriel M. Nealon, Deceased. Christopher J. Nealon, as Executor of the Estate of Muriel M. Nealon, Deceased, Appellant; Peter J. Nealon, Respondent; Tracey McGann, Now Known as Tracey Nealon, Respondent.
Submitted by Nicholas E. Tishler, for appellant.
Submitted by Peter G. Barber, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, 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.
Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.