SCIVOLETTI v. MARSALA


61 N.Y.2d 806 (1984)

Ottavio Scivoletti, Appellant, v. Antoinette Marsala, as Executrix of Beatrice Annarella, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 16, 1984.


Attorney(s) appearing for the Case

A. Rene Hollyer for appellant.

Ross M. Branca for respondents.

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.

The record does not contain evidence to support a finding of any promise, express or implied, to convey the premises to plaintiff and, consequently, a constructive trust may not be imposed. (See Sharp v Kosmalski, 40 N.Y.2d 119.) Further, in the circumstances of this case, there being no

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