PAGANO v. PAGANO


207 Misc. 474 (1955)

Jerome A. Pagano et al., Plaintiffs, v. Philip E. Pagano, Defendant.

Supreme Court, Special Term, Westchester County.

February 11, 1955.


Attorney(s) appearing for the Case

Henry J. Smith for plaintiffs.

Harold Kronenberg and Julius Hochstein for defendant.


EAGER, J.

The parties to this action are brothers, and there is involved here the question of whether the defendant is accountable in equity as trustee ex maleficio to his three brothers (the plaintiffs) for his refusal to convey to them an interest in a small farm and residence property (about nine acres) to which defendant holds the legal title. The action has been tried before the court without a jury...

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