Cooper v. Galata

In an action, inter alia, to impose a constructive trust, the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Morrison, J.), dated August 31, 1988, which dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court dismissed the complaint for legal insufficiency after the plaintiffs moved, inter alia, to dismiss the affirmative defenses interposed by the defendant in her answer. Although the defendant did not cross-move for dismissal, she did argue in response to the plaintiffs’ application that the complaint was legally insufficient and…