Arnita v. Arnita

Plaintiff moves for summary judgment for partition of real property located at 8 Shorthill Road, New City, New York. The defendant cross-moves for summary judgment dismissing the plaintiff’s complaint, or, in the alternative, that the court declare the plaintiff to be constructive trustee of the subject property.

The property was conveyed by Elias L. Arnita (the decedent) and Elaine Arnita, his wife (the defendant), without consideration to Elias L. Arnita and Elaine Arnita (one-half interest) and to Joseph P. Arnita, plaintiff (one-half interest), by deed *775dated December 2, 1968 and recorded…