Spallina v. Giannoccaro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Denman, J.
In this action by the conservator of Gaetana Manuse, who was adjudicated incompetent in December, 1979 at the *104age of 82, conservator, who is conservatee’s niece, seeks to recover money transferred by the conservatee to defendants Frank and Mary Ann Giannoccaro between July 5 and July 24, 1979 in the sum of $73,505.48; to impose a constructive trust in that amount; or to recover that sum on a theory of undue influence.
After joinder of issue, defendants were deposed. Frank Giannoccaro testified that he had befriended the conservatee in 1978 while installing a roof…
2Cases cited19 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Miller v. . SchlossNew York Court of Appeals · 1916
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Paramount Film Distributing Corp. v. StateNew York Court of Appeals · 1972
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- Schulz v. De SantisAppellate Division of the Supreme Court of the State of New York · 1996
- State of NY v. SCA Services, Inc.District Court, S.D. New York · 1999
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