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FEDZIUK v. CONROY

199 A.D.2d 300 (1993)

606 N.Y.S.2d 1005

Dorothy Fedziuk, Respondent, v. Thomas Conroy, Appellant. (And Another Title.)

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

December 13, 1993

Ordered that the order is affirmed, with costs.

There are questions of fact as to whether the plaintiff had an interest in the real property in question prior to the defendant's alleged promise to convey it to her sufficient for the imposition of a constructive trust, and thus the court did not err in denying the defendant's motion for summary judgment (see, Crown Realty Co. v Crown Hgts. Jewish Community Council, 175 A.D.2d 151

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