Fodiman v. Zoberg

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered July 9, 1991, which, inter alia, denied the plaintiff’s motion to dismiss defendant’s third and fourth counterclaims, unanimously reversed to the extent appealed from, on the law, the motion granted and defendant’s third and fourth counterclaims dismissed, without costs.

Defendant’s third counterclaim seeks to impose a constructive trust on certain real property in Quogue, Long Island based upon the claim that defendant contributed $90,000 towards its purchase. In response to plaintiff’s motion to dismiss the counterclaim in…