Lopresto v. Brizzolara

Carro and Asch, JJ., dissent in a memorandum by Asch, J., as follows:

The 89-year-old plaintiff, Linda Martorano, also known as Valeria Martorano, now deceased, was the defendant’s aunt. On July 25, 1979, plaintiff conveyed two parcels of real property to her niece, defendant Linda Brizzolara. In this action plaintiff sought to have a constructive trust imposed on the real property, to have such property reconveyed to her by the defendant, and to have defendant account for various moneys collected by her. Plaintiff’s husband died in 1975. She was childless and after the death of her husband,…