Wang v. Wang

Appellate Division of the Supreme Court of New York

Wang v. Wang

64 A.D.2d 652, 407 N.Y.S.2d 968, 1978 N.Y. App. Div. LEXIS 12460

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

DecidedJuly 17, 1978

StatusPublished

This text of 64 A.D.2d 652 (Wang v. Wang) 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

Wang v. Wang, 64 A.D.2d 652, 407 N.Y.S.2d 968, 1978 N.Y. App. Div. LEXIS 12460 (N.Y. Ct. App. 1978).

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Opinion

—In a matrimonial action, in which, as a fourth cause of action, plaintiff seeks to impress a trust on certain real and personal property, plaintiff appeals from so much of an order of the Supreme Court, Nassau County, dated April 5, 1978, as severed and dismissed the fourth cause of action and canceled a lis pendens which plaintiff had filed against the real property. Order affirmed insofar as appealed from, with $50 costs and disbursements. Plaintiff completely misapprehends the elements required to invoke the equitable remedy of a constructive trust (see Sharp v Kosmalski, 40 NY2d 119; cf. McGrath v Hilding, 41 NY2d 625). No construction of the allegations she pleads in her fourth cause of action suffices to sustain the claim. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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—In a matrimonial action, in which, as a fourth cause of action, plaintiff seeks to impress a trust on certain real and personal property, plaintiff appeals from so much of an order of the Supreme Court, Nassau County, dated April 5, 1978, as severed and dismissed the fourth cause of action and canceled a lis pendens which plaintiff had filed against the real property. Order affirmed insofar as appealed from, with $50 costs and disbursements. Plaintiff completely misapprehends the elements required to invoke the equitable remedy of a constructive trust (see Sharp v Kosmalski, 40 NY2d 119; cf. McGrath v Hilding, 41 NY2d 625). No construction of the allegations she pleads in her fourth cause of action suffices to sustain the claim. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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Bluebook (online)

64 A.D.2d 652, 407 N.Y.S.2d 968, 1978 N.Y. App. Div. LEXIS 12460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wang-v-wang-nyappdiv-1978.

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