MACINA v. MACINA


60 N.Y.2d 691 (1983)

Vito Macina, Appellant, v. Joan Macina, Respondent.

Court of Appeals of the State of New York.

Decided September 29, 1983.


Attorney(s) appearing for the Case

Philip F. Alba for appellant.

Edward J. Ledogar and James P. Shannon for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Supreme Court found, and the Appellate Division affirmed the finding that plaintiff has failed to demonstrate that defendant promised to reconvey the subject property. That being so, and there being support in the record, the lower courts properly held that plaintiff is not entitled to relief in the nature of a constructive trust. Nor...

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