84 A.D.2d 800 | N.Y. App. Div. | 1981
In an action to impress constructive trusts on two developed parcels of real property, defendant appeals from a judgment of the Supreme Court, Kings County (Aronin, J.), dated April 15, 1980, which, after a nonjury trial, granted judgment in favor of the plaintiff. Judgment affirmed, without costs or disbursements. On this record, the trial court could clearly find that the evidence adduced was sufficient to sustain the plaintiff husband’s contention that the transfers were made by him in reliance upon the defendant wife’s agreement to reconvey the parcels of real property to him upon demand after his financial problems had been resolved, and to rebut defendant’s assertion that a gift was intended (see Rickerman v Rickerman, 34 AD2d 1069). We find no merit to defendant’s contention that the action is barred by the Statute of Frauds or