BENANTI v. BENANTI


45 N.Y.2d 993 (1978)

Antonio Benanti, Appellant, v. Salvatore Benanti, Respondent.

Court of Appeals of the State of New York.

Decided November 28, 1978.


Attorney(s) appearing for the Case

Ralph C. Lewis, Jr., and Alex. Wiltse, Jr., for appellant.

Charles H. Schaefer for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order of the Appellate Division affirmed, without costs. The record demonstrates that neither plaintiff father nor defendant, his son, made any conscious decision with regard to legal title to the property in question or its equitable ownership. Both delegated that responsibility to the lawyer, who straight-forwardly testified that he explained to the father that the effect of the deed was to pass indefeasible...

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