In this family dispute, plaintiff seeks to prevent the sale of a family residence, and to undo the sale of other property, by his mother, claiming that she held it for his deceased father and subsequently for all of the father's offspring only as constructive trustee. We agree with the IAS Court that plaintiff's allegations, even including those in his proposed amended complaint, do not make out a cause of action for a constructive trust (Sharp v Kosmalski,
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FISCHER v. FISCHER
202 A.D.2d 331 (1994)
609 N.Y.S.2d 218
Joseph Fischer, Individually and as Legal Representative of Alter Fischer, Also Known as Aladar Fischer, Appellant, v. Miriam Fischer, Also Known as Jolan Fischer, et al., Respondents, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 22, 1994
March 22, 1994
Appellate Division of the Supreme Court of the State of New York, First Department.
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