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RICOTTA v. RICOTTA

135 A.D.2d 1143 (1987)

Natale Ricotta, Appellant, v. Jennie Ricotta, Respondent

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

December 18, 1987

Order unanimously reversed on the law with costs, in accordance with the following memorandum: Special Term erred in dismissing plaintiff's first cause of action for a constructive trust on a home which she had deeded to defendant, her daughter. A confidential or fiduciary relationship is sufficiently alleged by asserting a mother-daughter relationship (cf., Sharp v Kosmalski, 40 N.Y.2d 119, 121; see, D'Aprile v...

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