Carlson v. Lamberti

In an action to impress constructive trust on the proceeds of certain Totten trusts, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered May 25, 1977, which is in favor of defendants upon the trial court’s dismissal of the complaint at the close of the plaintiffs’ case for failure to make out a prima facie case. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The trial court erroneously excluded the testimony of plaintiff Angelina Sachowski in which the witness recalled admissions which defendant Sofia Lamberti had made…