The complaint sufficiently alleges the creation of an express parol trust (Foreman v. Foreman, 251 N.Y. 237; McKenna v. Meehan, 248 N.Y. 206; Wnuk v. Wnuk, 95 N.Y.S.2d 254, affd. 276 App. Div. 1102) as to which the provision in subdivision 1 of section 31 of the Personal Property Law, as well as section 242 of the Real Property Law, is inapplicable (Blanco v. Velez, 295 N.Y. 224). It is alleged in the complaint that the grandmother of the plaintiffs...
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