Legal Opinion

Tomaino v. Tomaino

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

Decided May 22, 1979PublishedCited by 17 opinions

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

  1. Sharp v. KosmalskiNew York Court of Appeals · 1976
  2. Simonds v. SimondsNew York Court of Appeals · 1978
  3. Ball v. State of New YorkNew York Court of Appeals · 1977
  4. Janke v. JankeAppellate Division of the Supreme Court of the State of New York · 1975
  5. Janke v. JankeNew York Court of Appeals · 1976

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

3Cited by17 opinions

  1. Wimmer v. WimmerCourt of Appeals of Maryland · 1980
  2. Lester v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1989
  3. Feinberg v. Old Vestal Road Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Robinson v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1981
  5. 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.

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