Legal Opinion
Mann v. Mann
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 1980PublishedCited by 7 opinions
1Opinion of the Court
In amatrimonial action, the plaintiff husband appeals from an order of the Supreme Court, Westchester County, dated October 2, 1979, which denied his motion to dismiss defendant’s supplemental counterclaim to impress a constructive trust on the grounds that same was not timely commenced and failed to state a cause of action. Order affirmed, with $50 costs and disbursements. It is well settled that the Statute of Limitations applicable to actions to impress constructive trusts is CPLR 213 (subd 1), which prescribes a six-year limitation. (Scheuer v Schuer, 308 NY 447; Savage v Savage, 63 AD2d…
2Cases cited5 opinions
- Scheuer v. ScheuerNew York Court of Appeals · 1955
- Dulberg v. MockNew York Court of Appeals · 1956
- Bey Construction Co. v. YablonskiAppellate Division of the Supreme Court of the State of New York · 1980
- Savage v. SavageAppellate Division of the Supreme Court of the State of New York · 1978
- Emigrant Mortgage Co. v. KarpinskiAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by7 opinions
- Musso v. Tesmetges (In Re Tesmetges)District Court, E.D. New York · 1984
- Dolmetta v. Uintah National CorporationCourt of Appeals for the Second Circuit · 1983
- Dolmetta v. Uintah National Corp.Court of Appeals for the Second Circuit · 1983
- Kitchner v. KitchnerAppellate Division of the Supreme Court of the State of New York · 1984
- Dybowski v. DybowskaAppellate Division of the Supreme Court of the State of New York · 1989
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