Valente v. Valente , 114 A.D.2d 950 ( 1985 )


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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.

    *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.

Document Info

Citation Numbers: 114 A.D.2d 950

Filed Date: 11/18/1985

Precedential Status: Precedential

Modified Date: 1/13/2022