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TOMAINO v. TOMAINO

68 A.D.2d 267 (1979)

Jane M. Tomaino, Respondent, v. Frank V. Tomaino, Appellant

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

May 22, 1979

Attorney(s) appearing for the Case

Joseph M. Kelly (Raymond De Silva of counsel), for appellant.

Anthony J. Di Caprio, Jr., for respondent.

CARDAMONE, J. P., HANCOCK, JR., SCHNEPP and WITMER, JJ., concur.

CALLAHAN, J.

Defendant appeals from a judgment which, inter alia, granted mutual divorces, decreed that defendant's solely owned real property is subject to a constructive trust for the benefit of plaintiff in the sum of $100,356.59, and directed sale of the marital residence. Defendant relying on Saff v Saff (61 A.D.2d 452, app dsmd 46 N.Y.2d 969) contends that there...

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