Berger v. Berger

In an action, inter alia, to recover damages for fraud and to impose a constructive trust upon certain real property, the defendants Stanley Berger, Harriet Berger, and Morris Berger appeal from an order of the Supreme Court, Kings County (F. Rivera, J.), dated March 28, 2010, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them and on their counterclaim for a determination that the defendant Stanley Berger is the sole owner of the subject property.

Ordered that the order is affirmed, with costs.

The imposition of a constructive trust requires…