In the Matter of Kevin Aoki, et al., Petitioners,v.Echo Aoki, et al., Respondents.---------------------------------Devon Aoki, et al. Respondents, Keiko Ono Aoki, Appellant.
82 A.D.3d 1051 (N.Y. App. Div. 2011) Cited 107 times
In Levin, the plaintiffs alleged that the defendant husband and wife "improperly assigned, without consideration, a consolidated mortgage interest to L'Esperanza, a corporation owned and controlled by their daughter, Anna Kitsis." Id.
In Shapiro v. Health Ins. Plan of Greater N.Y. (7 N.Y.2d 56, 64) the court stated: "Nowhere in plaintiff's affidavit are there any evidentiary facts (as distinguished from mere conclusory allegations).
4 A.D.3d 189 (N.Y. App. Div. 2004) Cited 102 times
In Kane v Estia Greek Rest., (4 AD3d 189, 190), a similar case to the one at bar, we granted summary judgment to the defendant on the basis that "[a]bsent an explication of facts explaining the accident, the verdict would rest on only speculation."
In Matter of Greiff, 92 N.Y.2d 341 (1998), the Court of Appeals considered the proper burden of persuasion as to the legality and enforceability of a prenuptial agreement, without considering promissory estoppel.