The New York Appellate Division, Second Department, on Wednesday reversed a 2003 deed that had transferred a Rockland County residence from mother Josephine Catalano to her son Carmine D. Catalano Jr. and his wife Denise, finding the transfer invalid because it relied on a verbal promise to return the property.
In 2003, Catalano ceded ownership of the property but retained a life‑use right, citing her son’s assurance that he would hand it back whenever she asked. The promise, though not recorded in the deed, was the basis upon which she agreed to the transfer.
The trial judge, on November 21, 2024, issued a constructive trust order, declaring the couple could not hold the property for their benefit and cancelling the 2003 deed. The decision awarded Catalano legal costs and required the couple to return the home.
Carmine and Denise challenged the lower court, arguing that a verbal promise could not override a formal property transfer and that the order unfairly targeted Denise’s ownership share. The appellate judges rejected those arguments, affirming that the son’s promise was a sufficient basis for the transfer and that the lower court’s findings were credible.
With the appellate ruling upheld, the couple must now surrender the property and the deed will be voided. Catalano will regain full legal ownership, and the court has ordered that all related claims against her be dismissed.