Vassel v. Vassel

In this action to impress a trust upon two parcels of real property situated respectively in the counties of Queens and Nassau, defendant (plaintiff’s husband) appeals from an order of the Supreme Court, Queens County, dated April 6, 1972, which denied his motion to dismiss the complaint for failure to state a cause of action. Order reversed, on the law, with $10 costs and disbursements, and motion granted. The rule has long been settled that to establish a constructive trust there must be a confidential relationship wherein one party relies, to his detriment, upon a promise of another, which…