Legal Opinion
Pennsylvania Lumbermens Mutual Insurance v. FBE/MHP Partners Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 1998Published
1Opinion of the Court
In an action, inter alia, for the imposition of a constructive trust, the defendant appeals from an order of the Supreme Court, Rockland County (Meehan, J.), entered September 8, 1997, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The property in question, a lumberyard, was owned by a partnership known as A & J Holding Co. (hereinafter A & J), and was subject to several mortgages held by the Union State Bank (hereinafter the Bank). A & J was required, inter…
2Cases cited5 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Hudson Engineering Associate, P. C. v. Ames Development Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- In re the Estate of O'RourkeAppellate Division of the Supreme Court of the State of New York · 1996