SARNATARO v. PRESTA


79 A.D.2d 986 (1981)

Frank Sarnataro, Appellant-Respondent, v. Thomas Presta et al., Respondents-Appellants, et al., Defendants. (And a Second Action.)

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

January 12, 1981


Appeal from the order entered August 25, 1980, dismissed, without costs or disbursements. No appeal lies from an order denying reargument. Order entered July 9, 1980 reversed insofar as appealed from, without costs or disbursements, and the cross motion is denied with respect to plaintiff's first cause of action insofar as it is based on the theory of constructive trust.

Plaintiff alleges that prior to a foreclosure sale of his property, defendant Presta agreed to...

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