40 N.Y.2d 119 (1976)

J. Rodney Sharp, Appellant, v. Jean C. Kosmalski, Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1976.

Attorney(s) appearing for the Case

John L. Goodell for appellant.

Howard F. Crossley for respondent.

Chief Judge BREITEL and Judges WACHTLER and FUCHSBERG concur with Judge GABRIELLI; Judges JASEN, JONES and COOKE dissent and vote to affirm in the following memorandum: In view of the affirmed findings of fact that the appellant knowingly and voluntarily conveyed his property without agreement or condition of any kind, express or implied, and with full knowledge of their legal effect, it cannot be said that a constructive trust should be imposed as a matter of law. Although we are sympathetic to the appellant who has been doubly aggrieved by the loss of his wife and property, we are limited to consideration of questions of law and, therefore, in light of the factual findings, would affirm.


Plaintiff commenced this action to impose a constructive trust upon property transferred to defendant on the ground that the retention of the property and the subsequent ejection of the plaintiff therefrom was in violation of a relationship of trust and confidence and constituted unjust enrichment. The Trial Judge dismissed plaintiff's complaint and his decision was affirmed without opinion by the...


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