Pannone v. Pannone

Appellate Division of the Supreme Court of New York

Pannone v. Pannone

19 A.D.2d 747, 242 N.Y.S.2d 830, 1963 N.Y. App. Div. LEXIS 3341

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

DecidedJuly 8, 1963

StatusPublished

This text of 19 A.D.2d 747 (Pannone v. Pannone) 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

Pannone v. Pannone, 19 A.D.2d 747, 242 N.Y.S.2d 830, 1963 N.Y. App. Div. LEXIS 3341 (N.Y. Ct. App. 1963).

Pincite

Opinion

In an ejectment action to recover possession of certain real property, in which the defendant Lena Pannone asserted a counterclaim that plaintiff held the title for her under a constructive trust, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered August 28, 1962 upon the decision and opinion of the court, after a nonjury trial, in favor of said defendant upon her -counterclaim, -adjudging that plaintiff held the title to the property in trust for -her and directing its conveyance to her upon her -payment to plaintiff of the sums which he had paid for the property and for the taxes thereon. Judgment affirmed, with costs. The question presented was primarily factual and, in our opinion, the determination of the learned -Special Term was amply supported by the proof (of. Pagano v. Pagano, 2 A D 2d 756, mot. for iv. to opp. den., 2 N Y 2d 708). Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.

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In an ejectment action to recover possession of certain real property, in which the defendant Lena Pannone asserted a counterclaim that plaintiff held the title for her under a constructive trust, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered August 28, 1962 upon the decision and opinion of the court, after a nonjury trial, in favor of said defendant upon her -counterclaim, -adjudging that plaintiff held the title to the property in trust for -her and directing its conveyance to her upon her -payment to plaintiff of the sums which he had paid for the property and for the taxes thereon. Judgment affirmed, with costs. The question presented was primarily factual and, in our opinion, the determination of the learned -Special Term was amply supported by the proof (of. Pagano v. Pagano, 2 A D 2d 756, mot. for iv. to opp. den., 2 N Y 2d 708). Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.

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Bluebook (online)

19 A.D.2d 747, 242 N.Y.S.2d 830, 1963 N.Y. App. Div. LEXIS 3341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pannone-v-pannone-nyappdiv-1963.