FODIMAN v. ZOBERG


182 A.D.2d 493 (1992)

Sanford Fodiman, Appellant, v. Sylvana Zoberg, Respondent, et al., Defendants

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

April 14, 1992


Defendant's third counterclaim seeks to impose a constructive trust on certain real property in Quogue, Long Island based upon the claim that defendant contributed $90,000 towards its purchase. In response to plaintiff's motion to dismiss the counterclaim in which he denies any such contribution, defendant alleges that, at the closing on the Quogue property in 1982, she wrote a $100,000 check to the builder, which she and plaintiff agreed would be considered a non-interest...

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