Tomaino v. Tomaino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Callahan, J.
Defendant appeals from a judgment which, inter alia, granted mutual divorces, decreed that defendant’s solely owned real property is subject to a constructive trust for the benefit of plaintiff in the sum of $100,356.59, and directed sale of the marital residence. Defendant relying on Saff v Saff (61 AD2d 452, app dsmd 46 NY2d 969) contends that there is insufficient evidence to support the imposition of a constructive trust against his real property and maintains that any *268moneys advanced to improve the realty were in furtherance of the partnership interest.
Plai…
2Cases cited12 opinions
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Simonds v. SimondsNew York Court of Appeals · 1978
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Janke v. JankeAppellate Division of the Supreme Court of the State of New York · 1975
- Janke v. JankeNew York Court of Appeals · 1976
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wimmer v. WimmerCourt of Appeals of Maryland · 1980
- Lester v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1989
- Feinberg v. Old Vestal Road Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Robinson v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1981
- Maldonado v. CotterAppellate Division of the Supreme Court of the State of New York · 1998
12 more not listed; retrieve them via the Exa API.