Moramarco v. Ruggiero

In an action, inter alia, to impose a constructive trust, the defendants appeal from an order of the Surrogate’s Court, *695Richmond County (Fusco, S.), dated August 31, 2007, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendants’ motion which was for summary judgment dismissing the cause of action seeking to impose a constructive trust, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without…