Florman v. Marks

In an action, inter alia, to impress a trust on certain real property, plaintiff appeals from a judgment of the Supreme Court, Westchester County, dated November 14, 1977, which, after a nonjury trial, inter alia, dismissed the complaint. Judgment affirmed, with costs. No opinion. Damiani, J. P., Rabin and Hawkins, JJ., concur; Suozzi, J., dissents and votes to reverse the judgment and to grant judgment to plaintiff, with the following memorandum: Both the trial court and the majority are of the view that plaintiff failed to meet his burden of establishing a constructive trust. I disagree. In…