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SPALLINA v. GIANNOCCARO

98 A.D.2d 103 (1983)

Antoinette Spallina, as Conservator of the Property of Gaetana Manuse, Conservatee, Respondent, v. Frank Giannoccaro et al., Appellants

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

December 16, 1983

Attorney(s) appearing for the Case

Michael A. Rose (Ted Barraco of counsel), for appellants.

Noto, Rudin & Berlowitz (Michael Rudin of counsel), for respondent.

CALLAHAN, J. P., BOOMER and O'DONNELL, JJ., concur with DENMAN, J.; SCHNEPP, J., dissents and votes to reverse in an opinion.

DENMAN, J.

In this action by the conservator of Gaetana Manuse, who was adjudicated incompetent in December, 1979 at the age of 82, conservator, who is conservatee's niece, seeks to recover money transferred by the conservatee to defendants Frank and Mary Ann Giannoccaro between July 5 and July 24, 1979 in the sum of $73,505.48; to impose a constructive trust in that amount; or to recover that sum on a theory...

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