Ricotta v. Ricotta

— Order unanimously reversed on the law with costs, in accordance with the following memorandum: Special Term erred in dismissing plaintiffs 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 NY2d 119, 121; see, D’Aprile v Blythe, 53 AD2d 1059, 1060). Defendant failed to meet her burden of showing that she was entitled to summary judgment dismissing the first cause of action (see, Friends of Animals v…