Bais Yaakov Parochial School of East New York, Inc. v. City of New York

Majority

p. 903

(March 15, 1948.)

Bais Yaakov Parochial School of East New York, Inc., Respondent, v. City of New York, Defendant, and Beth Jacob Teachers’ Seminary of America, Inc., et al., Appellants.

In an action to impress a trust on real property, order denying motion for summary judgment on the ground that appellants had established the Statute of Frauds (Real Property Law, § 242) as a complete defense, affirmed, with $10 costs and disbursements. A triable issue is presented as to the existence of a confidential relationship between the parties sufficient to warrant impressment of a trust. (Sinclair v. Purdy, 235 N. Y. 245 , 253; Fraw Bealty Co. v. Natanson, 261 N. Y. 396 , 402; Kaplan V. Meyer, 271 App. Div. 837 .) Lewis, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

Cases cited

Sinclair v. Purdy 235 N. Y. 245 N.Y. 1923-03-06 at 253 p. 903
Fraw Realty Co. v. Natanson 261 N. Y. 396 N.Y. 1933-04-11 at 402 p. 903