Vitarelle v. Vitarelle
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to impose a constructive trust upon certain real property, the plaintiff, Darlene-Marie L. Vitarelle, appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated January 3, 2008, as granted the defendant’s cross motion pursuant to CPLR 3211 (a) (1), (5) and (7) to dismiss the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants’ cross motion to dismiss the complaint is denied.
In considering a motion to dismiss pursuant to CPLR 3211 (a) (7), the court should…
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