Legal Opinion

In re the Estates of Thomas

Appellate Division of the Supreme Court of the State of New York

Decided January 2, 2015No. Appeal No. 1Published

1Opinion of the Court

Appeal from an order of the Surrogate’s Court, Monroe County (Edmund A. Calvaruso, S.), entered July 22, 2013. The order granted respondent’s motion to dismiss the petition in part.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of respondent’s motion to dismiss the claim for the imposition of a constructive trust with respect to stock in the New York State Fence Company and reinstating that claim and as modified the order is affirmed without costs.

Memorandum: Petitioners, nonparty Daniel J. Thomas (Daniel), and respondent are the…

2Cases cited22 opinions

Leon v. MartinezNew York Court of Appeals · 1994
EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
Sharp v. KosmalskiNew York Court of Appeals · 1976
Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
Cohn v. Lionel Corp.New York Court of Appeals · 1968

17 more not listed; retrieve them via the Exa API.