Tebin v. Moldock

Judgment modified in the following memorandum and, as so modified, affirmed, without costs. The judgment should be modified to limit the scope of the constructive trust imposed on defendant Janina Moldock to an obligation to pay $25 a month for the benefit of Kazimierz Tebin, and the action remitted to Special Term for appropriate directions in the implementation of such obligation and, as thus modified, affirmed, without costs. On reviewing the differences between the Appellate Division and Special Term on appraisal of the facts, we conclude the record supports a finding that defendant, *809occup…