Legal Opinion
Gutman v. Gutman
Appellate Division of the Supreme Court of the State of New York
Decided July 25, 2006PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to impose a constructive trust, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Murphy, J.), dated March 17, 2005, which granted the defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, and, in effect, denied their cross motion for partial summary judgment.
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint. An agreement to make a testamentary provision is an enforceable contract provided it is…
2Cases cited10 opinions
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Umscheid v. SimnacherAppellate Division of the Supreme Court of the State of New York · 1984
- Clark v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Cohn & BerK v. Rothman-Goodman Management Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Hasegawa v. HasegawaAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by3 opinions
- Beitner v. BeckerAppellate Division of the Supreme Court of the State of New York · 2006
- Samet v. BinsonAppellate Division of the Supreme Court of the State of New York · 2014
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