Law & Justice

Court Reinstates Mother’s Claim, Cancels 2003 Deed After Son’s Verbal Promise Ignored

By TOI World Desk

A New York appeals court on Wednesday upheld a ruling that cancelled a 2003 property transfer after Josephine Catalano sued her son, Carmine D. Catalano Jr., and his wife, Denise Catalano, for refusing to return her Rockland County property. Josephine had transferred ownership to the couple in 2003, retaining a life‑use right, after her son verbally promised to return the property whenever she asked. When she later requested the return, the couple refused, prompting her to seek cancellation of the deed. The trial judge, after hearing the case without a jury, found that Josephine had provided strong evidence that she relied on her son’s promise when transferring the property. The judge ordered a constructive trust, cancelled the 2003 deed, and rejected the couple’s claims against her. Carmine and Denise appealed. The Appellate Division, Second Department, reviewed the evidence and the lower court’s decision. The appellate judges confirmed that Josephine had shown the son’s promise, her reliance on it, and the unfairness of the couple’s refusal. They also held that a verbal promise could be considered in this context and that Denise’s ownership could be covered by the constructive trust. The appeals court therefore upheld the cancellation of the deed, the constructive trust order, and awarded Josephine her legal costs.