When Josephine Catalano originally conveyed the Rockland County real estate in 2003, she retained the right to use the property during her lifetime while relying on her son's promise to convey it back upon request. After a bench trial, a lower court ruled in her favor on November 21, 2024, dismissing counterclaims and canceling the transfer. The Appellate Division, Second Department, affirmed that ruling, finding that legal standards governing written documents did not preclude enforcing the son's oral assurance.
Key points
The Appellate Division affirmed that standard rules regarding written documents did not p…: The Appellate Division affirmed that standard rules regarding written documents did not prevent enforcement of the son's verbal promise.
The court imposed a constructive trust that successfully covered Denise Catalano's intere…: The court imposed a constructive trust that successfully covered Denise Catalano's interest alongside her husband's share of the property.
Appellate judges deferred to the lower court's witness credibility findings and awarded J…: Appellate judges deferred to the lower court's witness credibility findings and awarded Josephine Catalano her legal costs.
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A New York appeals court on Wednesday upheld a ruling cancelling a 2003 property transfer after a mother, Josephine Catalano, took legal action against her son and daughter-in-law for refusing to return her property in Rockland County. Josephine had transferred ownership to the couple after her son verbally promised to give it back whenever she asked. More than two decades later, the court ruled in her favour, finding that she had relied on her son's promise when transferring the property.
According to the
ruling, Josephine Catalano had transferred the property, located in Rockland County, New York, to her son, Carmine D. Catalano Jr., and his wife, Denise Catalano, in 2003. However, she had kept the right to use the property during her lifetime. According to court records, Josephine agreed to transfer ownership because Carmine had verbally assured her that he would return it whenever she wanted.
Although the property was legally transferred to her son and daughter-in-law, she maintained that the understanding between them was that she could ask for it back. The promise was not written into the property…
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