PONTILLO v. HOME FED. SAV. & LOAN ASS'N OF EAST ROCHESTER


57 A.D.2d 1066 (1977)

Sam Pontillo et al., Appellants, v. Home Federal Savings and Loan Association of East Rochester, Respondent

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

May 27, 1977


Judgment unanimously affirmed, without costs.

Memorandum:

Plaintiffs appeal from a judgment dismissing their complaint at the close of their proof in an action in which they sought to impose a constructive trust upon certain real property owned by defendant bank in the City of Batavia. The trial court correctly held that giving the plaintiffs the benefit of the most favorable inferences which could be drawn from their testimony there could "be no finding ...

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