MONACO v. MONACO


75 A.D.2d 808 (1980)

Rose Monaco, Respondent-Appellant, v. John Monaco, Appellant-Respondent

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

May 5, 1980


Order modified, on the law, by deleting that portion thereof which held that the complaint stated a cause of action to impress a constructive trust and substituting thereof a provision dismissing so much of the complaint as seeks such relief. As so modified, order affirmed insofar as appealed from, without costs or disbursements.

When given a liberal reading with plaintiff's affidavit in opposition to the cross motion, the second cause of action in the complaint sets...

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