TICHONCHUK v. ORLOFF


36 Misc.2d 623 (1962)

Mary Tichonchuk, Plaintiff, v. Anna Orloff, Individually and as Executrix of Jacob Tichonchuk, Deceased, et al., Defendants.

Supreme Court, Special Term, Queens County.

September 13, 1962


Attorney(s) appearing for the Case

Benjamin Adler for plaintiff. Alexander J. Lekus for Anna Orloff, defendant.


GEORGE P. STIER, J.

In an action to impress a constructive trust upon certain real property and bank accounts, the plaintiff moves (1) to strike the first and second affirmative defenses and the counterclaim as sham or, in the alternative, pursuant to rules 113 and 114 of the Rules of Civil Practice, granting partial summary judgment and (2) to strike the fifth defense as insufficient in law.

The individual...

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