The plaintiff, acting as Estate Trustee, brought a motion for leave to issue a Certificate of Pending Litigation (CPL) against a property held by the deceased's sister.
The deceased and her sister had taken title as joint tenants following a refinancing arrangement, but the sister had not paid the agreed consideration.
After the deceased's death, the sister registered a survivorship application and further encumbered the property.
The court found that the transfer was gratuitous, raising a presumption of resulting trust, and that the Estate had met the threshold of demonstrating a triable issue regarding its interest in the property.
The motion was granted, and costs were awarded to the plaintiff.
