Bais Yaakov Parochial School of East New York, Inc. v. City of New York , 273 A.D. 903 ( 1948 )


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  • In an action to impress a trust on real property, order denying motion for summary judgment on the ground that appellants had established the Statute of Frauds (Real Property Law, § 242) as a complete defense, affirmed, with $10 costs and disbursements. A triable issue is presented as to the existence of a confidential relationship between the parties sufficient to warrant impressment of a trust. (Sinclair v. Purdy, 235 N. Y. 245, 253; Fraw Bealty Co. v. Natanson, 261 N. Y. 396, 402; Kaplan V. Meyer, 271 App. Div. 837.) Lewis, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

Document Info

Citation Numbers: 273 A.D. 903

Filed Date: 3/15/1948

Precedential Status: Precedential

Modified Date: 1/12/2023