Opinion
June 12, 1967
Judgment of the Supreme Court, Queens County, dated March 1, 1966, modified, on the law and the facts, by adding to the third decretal paragraph the further provision that Jacob M. Offenhender and Stella Andaloro, as executors of the estate of Angelo Andaloro, deceased, recover from defendants Leo Oreto and Maria Oreto the sum of $774.97, together with interest from August 30, 1963, and that said executors shall have execution therefor, in addition to the sum of $10,478.53 with interest now directed to be turned over to said executors by said judgment. As so modified, judgment affirmed insofar as appealed from, without costs. In our opinion, the proof establishes that a sum of $1,000 given to defendants Oreto by the decedent, Angelo Andaloro, was not a gift, but was given in trust for the payment of the decedent's medical bills; that the unexpended balance of that $1,000 at decedent's death was $774.97; and that the $774.97 consequently belonged to the decedent's estate. Christ, Acting P.J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.