Collucci v. Collucci

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court dismissing the complaint, reinstated.

Associated with but separate from two pending cross actions between the parties for divorce, plaintiff husband instituted the present action to impose a constructive trust on three parcels of land, record title to which is in the name of defendant wife. He sought a direction that the properties be conveyed to him or in the alternative that he be awarded damages. Following a nonjury trial, the court held the evidence…