Bais Yaakov Parochial School of East New York, Inc. v. City of New York

Appellate Division of the Supreme Court of New York

Bais Yaakov Parochial School of East New York, Inc. v. City of New York

273 A.D. 903, 77 N.Y.S.2d 355, 1948 N.Y. App. Div. LEXIS 5209

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1948

StatusPublished

Cited by1 cases

This text of 273 A.D. 903 (Bais Yaakov Parochial School of East New York, Inc. v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bais Yaakov Parochial School of East New York, Inc. v. City of New York, 273 A.D. 903, 77 N.Y.S.2d 355, 1948 N.Y. App. Div. LEXIS 5209 (N.Y. Ct. App. 1948).

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Opinion

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.

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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.

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273 A.D. 903, 77 N.Y.S.2d 355, 1948 N.Y. App. Div. LEXIS 5209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bais-yaakov-parochial-school-of-east-new-york-inc-v-city-of-new-york-nyappdiv-1948.

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