See Loiacono v. Loiacono, 589 N.Y.S.2d 560, 560 (App. Div. 1992) (setting aside a conveyance in which children exploited a confidential relationship with their non-English speaking mother who had signed papers purporting to convey real property); First Nat'l Bank v. Wright, 202 N.Y.S. 774, 780 (App. Div. 1924) (discussing the equitable principle that the acts and contracts of persons who are of weak understanding are void in "all cases where the relation between the parties gives one a controlling influence over the other."), aff'd, 148 N.E. 704 (N.Y. 1925).
On the other hand, the facts in the case now before us if proved might indicate fraud and undue influence. In First National Bank of Coffeyville v. Wright ( 207 App. Div. 521, 526) the court said: "Fraud vitiates all contracts, and it is the general rule that the burden of establishing the fraud rests upon the parties alleging it as a ground for defeating a contract. But there is an exception to this rule as generally recognized, which is stated in Cowee v. Cornell ( 75 N.Y. 91, 99) * * *. Under such circumstances, if the burden is not met by the stronger party, constructive fraud may be found.