Feuer v. Paget

Appellate Division of the Supreme Court of New York

Feuer v. Paget

42 A.D.2d 699, 346 N.Y.S.2d 724, 1973 N.Y. App. Div. LEXIS 3925

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

DecidedJuly 2, 1973

StatusPublished

This text of 42 A.D.2d 699 (Feuer v. Paget) 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

Feuer v. Paget, 42 A.D.2d 699, 346 N.Y.S.2d 724, 1973 N.Y. App. Div. LEXIS 3925 (N.Y. Ct. App. 1973).

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Opinion

In an action to recover damages, predicated upon a complaint alleging false representations assertedly made by defendant, while acting in a fiduciary capacity, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated December 22, 1972, which granted defendant's motion to dismiss the complaint, on a defense founded upon documentary evidence (CPLR 3211, subd. [a], par. 1), and from a judgment of the same court, dated January 11, 1973, entered upon such order. Order and judgment affirmed, with $20 costs and disbursements. No opinion. Munder, Acting P. J., Latham, Shapiro and Christ, JJ., concur; Benjamin, J., dissents and votes to reverse and to deny the motion to dismiss the complaint, with the following memorandum: In my opinion, a constructive trust exists by reason of the relationship of the parties, raising the issue of fraud on defendant’s failure to disclose the consideration received by him (Meinhard v. Salmon, 249 N. Y. 458).

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In an action to recover damages, predicated upon a complaint alleging false representations assertedly made by defendant, while acting in a fiduciary capacity, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated December 22, 1972, which granted defendant's motion to dismiss the complaint, on a defense founded upon documentary evidence (CPLR 3211, subd. [a], par. 1), and from a judgment of the same court, dated January 11, 1973, entered upon such order. Order and judgment affirmed, with $20 costs and disbursements. No opinion. Munder, Acting P. J., Latham, Shapiro and Christ, JJ., concur; Benjamin, J., dissents and votes to reverse and to deny the motion to dismiss the complaint, with the following memorandum: In my opinion, a constructive trust exists by reason of the relationship of the parties, raising the issue of fraud on defendant’s failure to disclose the consideration received by him (Meinhard v. Salmon, 249 N. Y. 458).

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Bluebook (online)

42 A.D.2d 699, 346 N.Y.S.2d 724, 1973 N.Y. App. Div. LEXIS 3925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feuer-v-paget-nyappdiv-1973.

Opinion

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