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STAPLETON v. OLSEN

69 A.D.2d 857 (1979)

Anna Stapleton et al., Respondents, v. Marion Olsen, Also Known as Marion Wilson, Individually and as Sole Beneficiary of and as Temporary Administratrix of Thomas J. Stapleton, Deceased, Appellant

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

April 16, 1979

Judgment affirmed, with costs.

On this record Special Term properly found the essential elements of unjust enrichment to be present: a confidential relationship existed between the deceased son and his mother and sister; there was a promise by him and his sister to maintain their mother for the remainder of her life in the home which was purchased by the mother's funds, but held in the names of the two children; there was...

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