Opinion
March 15, 1948.
In an action to impress a trust on real property, order denying motion for summary judgment on the ground that appellants had established the Statute of Frauds (Real Property Law, § 242) as a complete defense, affirmed, with $10 costs and disbursements. A triable issue is presented as to the existence of a confidential relationship between the parties sufficient to warrant impressment of a trust. ( Sinclair v. Purdy, 235 N.Y. 245, 253; Fraw Realty Co. v. Natanson, 261 N.Y. 396, 402; Kaplan v. Meyer, 271 App. Div. 837.) Lewis, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.