Costa v. Pratt

Defendant has appealed from an order of the Albany Special Term of the Supreme Court striking out two separate defenses in her answer. The action is brought by plaintiff, as the administrator of Philip Costa, deceased, to impress a constructive trust on real property described therein, for an accounting of rents and profits and for a personal judgment. In substance the complaint alleges that decedent Costa conveyed the premises to defendant’s husband without any consideration and with the express understanding that defendant would reconvey the property to decedent or to his distributees at…