Opinion
June 18, 1996
Appeal from the Supreme Court, Bronx County (Stanley Green, J.).
In this action for rescission of a deed, partition and imposition of a constructive trust, the motion court properly determined that material issues of fact were raised by plaintiff's assertions that he was illiterate, that defendant, his then fiancee, tricked him into signing the deed transferring his interest in the property to her and that he contributed funds toward the down payment, purchase and post-closing capital improvements to the property. Accordingly, summary judgment was properly denied ( see, National Bank v. Chu, 47 N.Y.2d 946, revg on dissenting opn of Sandler, J., 64 A.D.2d 573, 575-577).
Concur — Sullivan, J.P., Milonas, Ross, Tom and Mazzarelli, JJ.