Irene Papovitch transferred her Westchester home to her son and daughter, supposedly with the understanding that she could live in the house for the rest of her life and that they would give the property back to her, if she requested.
When she was later hospitalized, and her son refused to let her back into the residence, Irene filed suit, and the Westchester County Supreme Court gave her son a choice: either make the necessary changes so that his mother could return to the home for the remainder of her life, or pay her $100,000.
On appeal, the Appellate Division, Second Department, deferred to the trial court's credibility determinations and affirmed the lower court's conclusion that a reconveyance hadn't been part of the original deal.
They sure popped it to poor Papovitch.
To view a copy of the Appellate Division's decision, please use this link: Papovitch v. Papovitch