In McGrath v. Hilding, 41 NY2d 625 (1977), an oral pre-marital promise to create a tenancy by the entirety was followed by a subsequent contribution of funds to construct a two-bedroom addition to the home. The tenancy by the entirety was never created, and a constructive trust was found to exist. In ordering a new trial, Judge Breitel recognized the need to view the transaction realistically in its human setting. Id. at 605.