AVX CORP. v. MALANGA


126 A.D.2d 946 (1987)

Avx Corp., Appellant, v. Lorna L. Malanga, Respondent, et al., Defendant

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

January 23, 1987


Order affirmed, with costs. All concur, except Doerr, J., who dissents and votes to reverse and grant plaintiff's motion in the following memorandum.

Doerr, J. (dissenting).

In my view, plaintiff has established its right to a constructive trust. Defendant Lorna Malanga concedes that plaintiff loaned $80,000 to her husband, Michael Malanga, a new employee, to enable the Malangas to purchase a home in Portville, New York. This four-month loan was...

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