Dembo v. Blumenaus

Order unanimously reversed, with costs, and motion denied. Memorandum: Plaintiffs, the daughter and sister of the decedent, seek to impose a constructive trust upon moneys from the decedent’s estate. The estate passed to the defendants, who were relatives of the decedent. Special Term should not have granted summary judgment to the defendants because there are triable issues of fact concerning decedent’s intent and whether defendants promised the decedent that they would transfer the estate to the plaintiffs when it was safe to do so (see Zuckerman v City of New York, 49 NY2d 557, 562).…