PHILIPPS v. PHILIPPS


61 A.D.2d 979 (1978)

George W. Philipps, Respondent, v. Carole J. Philipps, Appellant

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

March 6, 1978


Order reversed, on the law, with $50 costs and disbursements, and motion granted.

The complaint, which in effect seeks the imposition of a constructive trust, fails to allege the necessary elements and is defective. No allegation is made as to any promise by the defendant; nor is there any allegation of detrimental reliance thereon by the plaintiff (see Vassel v Vassel, 40 A.D.2d 713). In addition, the conclusory statements...

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