Quimbee logo
DMCA.com Protection Status

Sharp v. Kosmalski

40 N.Y.2d 119 (1976)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Sharp v. Kosmalski

New York Court of Appeals

40 N.Y.2d 119 (1976)

Facts

Rodney Sharp (plaintiff) was a 56-year-old dairy farmer with an eighth-grade education. After Sharp’s wife of 32 years died, Sharp developed a close relationship with Jean Kosmalski (defendant), who was 16 years younger than him. Kosmalski helped Sharp with disposing of his wife’s belongings and certain domestic tasks. Kosmalski was generally a frequent companion to Sharp. Eventually, Sharp proposed to Kosmalski, who declined the proposal. Despite the refusal, Sharp continued the relationship and showered Kosmalski with gifts, all of which were accepted. These circumstances led Sharp to believe that Kosmalski might change her mind about his marriage proposal. Kosmalski also had access to Sharp’s bank account and withdrew substantial sums of money. Later, Sharp made a will that named Kosmalski as the sole beneficiary and executed a deed naming Kosmalski as a joint owner of his farm. In 1971, Sharp conveyed his remaining interest to Kosmalski. At that time, Sharp asked his insurance agent, in Kosmalski’s presence, to change his farm liability policy to name himself as a life tenant and Kosmalski as the owner. In 1973, Kosmalski abruptly ordered Sharp to leave and took complete possession of the home and farm. Sharp was left with only $300 as his assets. Sharp sued Kosmalski, seeking an equitable remedy to restore his rights to the property. The trial court determined that Sharp’s transfer of his property was done without any promise or understanding of any kind. Therefore, the trial court dismissed the claim. Sharp appealed.

Rule of Law

Issue

Holding and Reasoning (Gabrielli, J.)

Dissent (Breitel, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 603,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 603,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 603,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership