Blidgen v. Estate of Everton A.

Appellate Division of the Supreme Court of New York

Blidgen v. Estate of Everton A.

57 A.D.3d 599, 868 N.Y.2d 545

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 9, 2008

StatusPublished

This text of 57 A.D.3d 599 (Blidgen v. Estate of Everton A.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blidgen v. Estate of Everton A., 57 A.D.3d 599, 868 N.Y.2d 545 (N.Y. Ct. App. 2008).

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Opinion

The plaintiffs, in effect, sought summary judgment (see CPLR 3212) in connection with a claim based on a theory of constructive trust that had apparently never been pleaded in any complaint. The record contains no indication that any civil action or proceeding had ever been commenced (see CPLR 103 [b]; 304). Accordingly, there being no pending action or proceeding, the defendants’ motion should have been denied. Rivera, J.P, Dillon, Covello and McCarthy, JJ., concur.

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The plaintiffs, in effect, sought summary judgment (see CPLR 3212) in connection with a claim based on a theory of constructive trust that had apparently never been pleaded in any complaint. The record contains no indication that any civil action or proceeding had ever been commenced (see CPLR 103 [b]; 304). Accordingly, there being no pending action or proceeding, the defendants’ motion should have been denied. Rivera, J.P, Dillon, Covello and McCarthy, JJ., concur.

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Bluebook (online)

57 A.D.3d 599, 868 N.Y.2d 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blidgen-v-estate-of-everton-a-nyappdiv-2008.