FEUER v. PAGET


42 A.D.2d 699 (1973)

Charles Feuer et al., Appellants, v. Harry Paget, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 2, 1973


Order and judgment affirmed, with $20 costs and disbursements.

No opinion.

Benjamin, J., dissents and votes to reverse and to deny the motion to dismiss the complaint, with the following memorandum:

In my opinion, a constructive trust exists by reason of the relationship of the parties, raising the issue of fraud on defendant's failure to disclose the consideration received by him (Meinhard v. Salmon,...

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