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ARNITA v. ARNITA

82 Misc.2d 774 (1975)

Joseph P. Arnita, Individually and as Executor of Elias L. Arnita, Deceased, Plaintiff, v. Elaine Arnita, Defendant.

County Court, Rockland County.

June 10, 1975

Attorney(s) appearing for the Case

Garrity & Dietz (Robert B. Dietz of counsel), for plaintiff. Alton L. Abramowitz for defendant.

ROBERT J. STOLARIK, J.

Plaintiff moves for summary judgment for partition of real property located at 8 Shorthill Road, New City, New York. The defendant cross-moves for summary judgment dismissing the plaintiff's complaint, or, in the alternative, that the court declare the plaintiff to be constructive trustee of the subject property.

The property was conveyed by Elias L. Arnita (the decedent) and Elaine Arnita, his wife (the defendant), without...

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