Tripi v. Tripi

Appellate Division of the Supreme Court of New York

Tripi v. Tripi

115 A.D.2d 327, 495 N.Y.S.2d 822, 1985 N.Y. App. Div. LEXIS 54609

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

DecidedNovember 15, 1985

StatusPublished

This text of 115 A.D.2d 327 (Tripi v. Tripi) 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

Tripi v. Tripi, 115 A.D.2d 327, 495 N.Y.S.2d 822, 1985 N.Y. App. Div. LEXIS 54609 (N.Y. Ct. App. 1985).

Pincite

Opinion

Judgment unanimously affirmed, without costs. Memorandum: The trial court’s declaration that the wife holds the corporate stock and assets in trust for the husband is supported by its findings and by the evidence. Further, we agree with the court’s conclusion that the husband has no equitable claim to [328]*328the other properties transferred to the wife. We find that the husband transferred those properties as a gift to the wife and, at the time of the transfer, there was no promise, express or implied, that the wife would hold them in trust for the husband or reconvey them to him. (Appeals from judgment of Supreme Court, Erie County, Hannigan, J.—divorce, impose constructive trust.) Present—Dillon, P. J., Doerr, Boomer and Pine, JJ.

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Judgment unanimously affirmed, without costs. Memorandum: The trial court’s declaration that the wife holds the corporate stock and assets in trust for the husband is supported by its findings and by the evidence. Further, we agree with the court’s conclusion that the husband has no equitable claim to [328]*328the other properties transferred to the wife. We find that the husband transferred those properties as a gift to the wife and, at the time of the transfer, there was no promise, express or implied, that the wife would hold them in trust for the husband or reconvey them to him. (Appeals from judgment of Supreme Court, Erie County, Hannigan, J.—divorce, impose constructive trust.) Present—Dillon, P. J., Doerr, Boomer and Pine, JJ.

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Bluebook (online)

115 A.D.2d 327, 495 N.Y.S.2d 822, 1985 N.Y. App. Div. LEXIS 54609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tripi-v-tripi-nyappdiv-1985.