Legal Opinion · Dissent

Thomas v. Thomas

Appellate Division of the Supreme Court of the State of New York

Decided February 25, 2010Published

1Dissent

DeGrasse and Román, JJ.

dissent in a memorandum by Román, J., as follows: Since I believe that the majority misconstrues well settled law, applicable to motions to dismiss pursuant to CPLR 3211 (a) (7), I dissent.

This is an action for breach of an oral agreement, for unjust enrichment and for imposition of a constructive trust. The complaint alleges that plaintiffs transferred real property, located in Bronx County, to defendant Janet Thomas. It is further alleged that according to an oral agreement, Janet Thomas was to reconvey the property to plaintiffs. The complaint alleges that while…

2Cases cited9 opinions

Leon v. MartinezNew York Court of Appeals · 1994
Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
Sharp v. KosmalskiNew York Court of Appeals · 1976
Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001

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