DEMBO v. BLUMENAUS


99 A.D.2d 671 (1984)

Mirdza P. Dembo et al., Appellants, v. Leonids Blumenaus et al., Respondents

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

January 27, 1984


Order unanimously reversed, with costs, and motion denied.

Memorandum:

Plaintiffs, the daughter and sister of the decedent, seek to impose a constructive trust upon moneys from the decedent's estate. The estate passed to the defendants, who were relatives of the decedent. Special Term should not have granted summary judgment to the defendants because there are triable issues of fact concerning decedent's intent and whether defendants promised the decedent...

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