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McGRATH v. HILDING

41 N.Y.2d 625 (1977)

Doreen McGrath, Respondent, v. Roy F. Hilding, Appellant.

Court of Appeals of the State of New York.

Decided April 7, 1977.

Attorney(s) appearing for the Case

Charles M. Schutzman, Wantagh, for appellant.

Herbert Sachs, Bellmore, for respondent.

Judges JASEN, JONES, WACHTLER and COOKE concur with Chief Judge BREITEL; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge FUCHSBERG concurs.

Chief Judge BREITEL.

Plaintiff Doreen McGrath, a wife of three months of defendant Hilding, having divorced him, and then evidently having remarried her former husband McGrath, sought equitable relief against Hilding based on a constructive trust. Relying on an oral premarital promise by Hilding to give her a tenancy by the entirety in the home owned by him, she contributed money to construct an extension with...

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