FINKELMAN v. FINKELMAN


105 A.D.2d 771 (1984)

Ruth Finkelman, Respondent, v. Hyman Finkelman, Appellant, et al., Defendant

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

November 19, 1984


Order affirmed, insofar as appealed from, with costs.

Special Term did not abuse its discretion in preserving the status quo at this stage of the proceeding. Many pertinent issues of fact need elaboration through completion of pleadings and pretrial discovery. Depending on the ultimate facts established, plaintiff might prove her right to the title or a constructive trust to the apartment she occupied until 1974 and the share appurtenant thereto, and thereby...

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