Byrd v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for the partition and sale of real property pursuant to RPAPL article 9, the plaintiff appeals from an order of the Supreme Court, Westchester County (Burrows, J.), entered November 18, 1992, which granted the motion of the defendant Lila Brown for summary judgment dismissing the complaint insofar as asserted against her and declaring her to be the sole owner in fee simple of the subject property.
Ordered that the order is affirmed, with costs.
The court properly imposed a constructive trust on the subject property in favor of the respondent in this case. It is well settled that…
2Cases cited9 opinions
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Simonds v. SimondsNew York Court of Appeals · 1978
- Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
- Latham v. Father DivineNew York Court of Appeals · 1949
- Bankers Security Life Insurance Society v. ShakerdgeNew York Court of Appeals · 1980
4 more not listed; retrieve them via the Exa API.
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