DeCORTIN v. BAKER

Judgment directing the appellant to convey certain real estate to the plaintiff pursuant to an oral agreement unanimously affirmed, with costs. The findings of the trial court that such an oral agreement was made and that a relationship of trust and confidence existed between the plaintiff and defendant are not against the weight of the evidence. Under such circumstances the plaintiff is entitled to equitable relief. ( Foreman v. Foreman, 251 N.Y. 237.)