Fiore v. Fiore

In a matrimonial action in which the parties were divorced by a judgment entered April 24, 1979 (Action No. 1), and an action, inter alia, to impose a constructive trust upon certain real property (Action No. 2), the plaintiff in Action No. 2 appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated November 29, 1996, as granted that branch of the motion of the defendant in Action No. 2 which was for summary judgment dismissing the cause of action to impose a constructive trust upon the former marital residence.

Order…