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SUTTON v. SANDLER

13 N.Y.2d 1007 (1963)

Luna Sutton, Appellant, v. Eli L. Sandler et al., Respondents.

Court of Appeals of the State of New York.

Decided November 21, 1963.

Attorney(s) appearing for the Case

Clarence S. Barasch for appellant.

Bernard A. Saslow and Richard W. Wallach for respondents.

Concur: Judges FULD, VAN VOORHIS, BURKE and SCILEPPI. Chief Judge DESMOND dissents in an opinion in which Judges DYE and FOSTER concur.

Judgment affirmed, with costs.

Chief Judge DESMOND (dissenting).

I vote to reverse. Defendants' motion for summary judgment dismissing the complaint was granted by the Appellate Division reversing Special Term. The Appellate Division held that, even if the facts alleged by plaintiff were assumed to be substantially true, her complaint and affidavits did not make a sufficient showing for the declaration of the constructive trust she demanded. Our...

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