Fletcher v. Fletcher

In an action to impress a constructive trust upon the former marital residence, defendant appeals from an order of the Supreme Court, Westchester County, dated October 4, 1976, which treated her motion to dismiss the complaint as one for summary judgment and denied the motion. Order affirmed, without costs or disbursements. Plaintiff seeks to impress a constructive trust upon one half of the proceeds of the sale of the former marital residence on the ground that the conveyance to defendant in 1971 *590by the tenants by the entirety was made on defendant’s promise that upon the sale of the…