Sarrica v. Sarrica

Order, Supreme Court, New York County, entered August 4, 1972, denying defendant’s motion to dismiss the first cause of action, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs and without disbursements, the motion granted and the first cause of action dismissed. The stay granted by order of this court entered on October 2, 1972 is vacated. Plaintiff seeks to impress a trust upon a condominium apartment located in Florida, a declaration that he is the sole owner thereof, and a direction to defendant to execute a deed in plaintiff’s favor. An…