Valente v. Valente

Appellate Division of the Supreme Court of New York

Valente v. Valente

114 A.D.2d 950, 495 N.Y.S.2d 918, 1985 N.Y. App. Div. LEXIS 53989

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

DecidedNovember 18, 1985

StatusPublished

This text of 114 A.D.2d 950 (Valente v. Valente) 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

Valente v. Valente, 114 A.D.2d 950, 495 N.Y.S.2d 918, 1985 N.Y. App. Div. LEXIS 53989 (N.Y. Ct. App. 1985).

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Opinion

—In an action, inter alia, to impose a constructive trust upon certain real property for plaintiff’s benefit, plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Hyman, J.), entered October 29, 1984, as, after a nonjury trial, dismissed her cause of action for the imposition of a constructive trust.

Judgment affirmed, insofar as appealed from, without costs or disbursements.

[951]*951The trial court properly dismissed plaintiff’s cause of action seeking the imposition of a constructive trust upon certain real property inasmuch as she failed to establish the necessary elements for such a claim (see, Sharp v Kosmalski, 40 NY2d 119, 121; Scivoletti v Marsala, 97 AD2d 401, 402, affd 61 NY2d 806). Mangano, J. P., Thompson, Bracken and Brown, JJ., concur.

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—In an action, inter alia, to impose a constructive trust upon certain real property for plaintiff’s benefit, plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Hyman, J.), entered October 29, 1984, as, after a nonjury trial, dismissed her cause of action for the imposition of a constructive trust.

Judgment affirmed, insofar as appealed from, without costs or disbursements.

[951]*951The trial court properly dismissed plaintiff’s cause of action seeking the imposition of a constructive trust upon certain real property inasmuch as she failed to establish the necessary elements for such a claim (see, Sharp v Kosmalski, 40 NY2d 119, 121; Scivoletti v Marsala, 97 AD2d 401, 402, affd 61 NY2d 806). Mangano, J. P., Thompson, Bracken and Brown, JJ., concur.

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Bluebook (online)

114 A.D.2d 950, 495 N.Y.S.2d 918, 1985 N.Y. App. Div. LEXIS 53989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valente-v-valente-nyappdiv-1985.

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