FRIDDELL v. ALBERALLA


176 A.D.2d 1213 (1991)

Charlotte A. Friddell, Respondent, v. Louis M. Alberalla, Appellant

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

October 4, 1991


Judgment unanimously affirmed without costs.

Memorandum:

The trial court properly imposed a constructive trust upon property to which defendant had legal title. After a trial before the court and an advisory jury, the jury made the following findings: an oral agreement existed between plaintiff and her mother in 1967 to construct a duplex which would pass to plaintiff upon the mother's death; plaintiff promised to pay and did pay her mother $5,500 to be used...

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