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SALERNO v. SALERNO

241 A.D.2d 488 (1997)

661 N.Y.S.2d 518

Theresa Salerno et al., Appellants-Respondents, v. Ruth Salerno, Respondent-Appellant

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

July 14, 1997

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly found that the defendant's title to the property at issue was subject to the right of the plaintiff Theresa Salerno to remain there for life. We find that the requisite elements to sustain a claim for the imposition of a constructive trust were present, i.e., "(1) a confidential or fiduciary relation, (2) a promise, (3) a transfer...

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