Pontillo v. Home Federal Savings & Loan Ass'n

Judgment unanimously affirmed, without costs. Memorandum: Plaintiffs appeal from a judgment dismissing their complaint at the close of their proof in an action in which they sought to impose a constructive trust upon certain real property owned by defendant bank in the City of Batavia. The trial court correctly held that giving the plaintiffs the benefit of the most favorable inferences which could be drawn from their testimony there could "be no finding * * * that there was a confidential relationship that existed between the defendant bank and the plaintiffs”. Briefly summarized, the facts…