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BONARRIGO v. BONARRIGO

47 A.D.2d 642 (1975)

Vincenza J. Bonarrigo, Appellant, v. Anthony Bonarrigo et al., Respondents

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

February 10, 1975

Order reversed, on the law and the facts, and new trial granted, with costs to abide the event.

Under the circumstances of this case, we hold there was a fiduciary relationship between defendant Anthony Bonarrigo and plaintiff, his wife, which cast the burden upon him to prove that her consent to the surrender of her half interest in the marital home was freely and knowingly given (Matter of Smith, 243 App. Div. 348...

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