Opinion
December 23, 1994
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Balio, J.P., Lawton, Fallon, Wesley and Doerr, JJ.
Order unanimously affirmed with costs. Memorandum: Because defendants admitted in their answer that they had agreed to reconvey to plaintiff a one-half interest in a parcel of real estate in Cheektowaga, and because defendants did not offer any proof that the agreement to reconvey was conditional, Supreme Court properly granted partial summary judgment to plaintiff (see, Krieger v Krieger, 192 A.D.2d 1076, 1077). Defendants' assertion that plaintiff orally requested that defendants hold plaintiff's interest in this and another parcel in trust for defendants' children lacks merit. Under General Obligations Law § 5-703 (1), defendants cannot charge plaintiff with having created a trust over the real property in the absence of a deed or conveyance in writing (see, Higgins v Normile, 130 A.D.2d 828, 829).