Legal Opinion
Carnivale v. Carnivale
New York Supreme Court
Decided September 3, 2009Published
1Opinion of the Court
OPINION OF THE COURT
Charles J. Markey, J.
The present action concerning the ownership of a cooperative apartment (the co-op or co-op apartment) in Queens County, New York, raises an interesting issue of whether the turning over of keys to a dwelling and an alleged reference to it as “your new home” can be the basis for imposing a constructive trust of that house or apartment.
By order to show cause, dated June 12, 2009, the son, plaintiff Richard Carnivale moved for a preliminary injunction seeking to stop his eviction from the apartment by his father, defendant Rick Carnivale. The court, upon…
2Cases cited23 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Doe v. AxelrodNew York Court of Appeals · 1988
- Moore v. CrawfordSupreme Court of the United States · 1889
- Bankers Security Life Insurance Society v. ShakerdgeNew York Court of Appeals · 1980
- Dellagrotta v. DellagrottaSupreme Court of Rhode Island · 2005
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