Order unanimously reversed on the law without costs, motion granted, and petition dismissed.
Memorandum:
The Surrogate erred in denying the motion to dismiss the petition. The proceeding is one seeking discovery and the recovery of money and other personal property pursuant to SCPA 2103. The petition alleges no fraud or other bad-faith conduct on the part of appellant nor does it allege the four requirements for the imposition of a constructive trust (see...
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