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

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1948·Published·Cited by 1 cases

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.

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).

Pincite

273 A.D. 903 (Bais Yaakov Parochial School of East New York, Inc. v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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