FARANO v. STEPHANELLI


7 A.D.2d 420 (1959)

Leonardo Farano, Appellant, v. Eva Stephanelli et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 17, 1959.


Attorney(s) appearing for the Case

Meyer Maltz of counsel (Cohen & Maltz, attorneys), for appellant.

Joseph A. Doran of counsel (Henry D. Sforza and Samuel La Rosa with him on the brief; Cardo & Sforza, attorneys for Eva Stephanelli; Samuel La Rosa, attorney for Esther Mancini), for respondents.

M. M. FRANK and BERGAN, JJ., concur with BREITEL, J.; BOTEIN, P. J., and McNALLY, J., dissent in separate opinions.


BREITEL, J.

Plaintiff father seeks to obtain a reconveyance of real property which he had previously deeded to his three daughters on the ground that they hold the property as constructive trustees. After trial judgment was rendered in favor of the defendants and the complaint dismissed. The father appeals.

The trial court, in its opinion, stressed the issue of whether express words were used by the daughters...

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