Legal Opinion
Tordai v. Tordai
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1985PublishedCited by 24 opinions
1Opinion of the CourtMikoll, J.
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered February 15, 1984 in Schoharie County, upon a decision of the court at Trial Term (Hughes, J.), without a jury.
The issue presented on this appeal is whether there is sufficient proof in the record to support the trial court’s finding of an implied promise, a transfer in reliance thereon and unjust enrichment, three of the four elements necessary to establish the constructive trust imposed by the court on the property in dispute. We conclude that the proof is sufficient and since the fourth element, a confidential…
2Cases cited4 opinions
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Simonds v. SimondsNew York Court of Appeals · 1978
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Bankers Security Life Insurance Society v. ShakerdgeNew York Court of Appeals · 1980
3Cited by24 opinions
- In Re: Koreag, Controle Et Revision S.A.Court of Appeals for the Second Circuit · 1992
- Josephine Counihan, United States of America, Plaintiff-Intervenor-Appellee v. Allstate Insurance Co.Court of Appeals for the Second Circuit · 1999
- Blusal Meats, Inc. v. United StatesDistrict Court, S.D. New York · 1986
- Gray v. Fill (In Re Fill)United States Bankruptcy Court, S.D. New York · 1987
- In re WieczorekAppellate Division of the Supreme Court of the State of New York · 1992
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