Walsh v. Walsh
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order affirmed, with costs. All concur, Simons, J., not participating. Memorandum: In 1979 plaintiff husband commenced an action to impose a constructive trust on certain property he transferred to defendant wife prior to entering into a separation agreement with her in 1970. Defendant brought a motion for summary judgment which was granted on the bases that no confidential relationship existed between the parties; the Statute of Limitations had run; and the general release provision in the separation agreement barred the action. A confidential relationship is an essential element of an…
2Cases cited9 opinions
- Simonds v. SimondsNew York Court of Appeals · 1978
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Cahill v. ReganNew York Court of Appeals · 1959
- Janke v. JankeAppellate Division of the Supreme Court of the State of New York · 1975
- Janke v. JankeNew York Court of Appeals · 1976
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3Cited by7 opinions
- Flaum v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1986
- Two Clinton Square Corp. v. FriedlerAppellate Division of the Supreme Court of the State of New York · 1983
- Schirano v. PaggioliAppellate Division of the Supreme Court of the State of New York · 1984
- Elghanayan v. VictoryAppellate Division of the Supreme Court of the State of New York · 1993
- Neuhauser v. PolancoAppellate Division of the Supreme Court of the State of New York · 2005
2 more not listed; retrieve them via the Exa API.