Khouy v. Khoury
This text of 60 A.D.3d 539 (Khouy v. Khoury) 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.
Opinion
— Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about January 2, 2008, which granted defendant’s motion to dismiss the complaint for [540]*540failure to state a cause of action for constructive trust, unanimously affirmed, without costs.
The complaint contains no allegation that defendant promised the decedent that she would allow his relatives to continue to live in the subject building if he bequeathed the building to her (see Sharp v Kosmalski, 40 NY2d 119, 121 [1976]). Concur— Tom, J.P., Mazzarelli, Nardelli, Catterson and Moskowitz, JJ.
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Cite This Page — Counsel Stack
60 A.D.3d 539, 874 N.Y.S.2d 804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/khouy-v-khoury-nyappdiv-2009.