Crane v. Crane

In an action for specific performance of an oral agreement, the theory of which states a cause of action to impress a constructive trust, the defendant appeals from an order of the Supreme Court, Putnam County, dated January 14, 1980, which denied his motion for summary judgment. Order affirmed, without costs or disbursements. Defendant’s motion for summary judgment dismissing plaintiffs complaint for untimeliness was properly denied. It cannot be said upon the record before us that on defendant’s motion for summary judgment there existed no triable issue of fact with respect to timeliness.…