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SEHGAL v. SEHGAL

220 A.D.2d 201 (1995)

631 N.Y.S.2d 360

Pravinkumar B. Sehgal, Appellant, v. Shashibala P. Sehgal, Defendant, and Merrill Lynch Credit Corporation, Respondent, et al., Intervenors

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

October 3, 1995

The IAS Court, in granting the motion by Merrill Lynch seeking to vacate the notice of pendency on the subject property, properly determined that the complaint filed with the notice did not adequately plead a cause of action for the imposition of a constructive trust upon the subject property, including the element of a promise, express or implied, to transfer title to the subject property to the plaintiff (see, McGrath v Hilding, 41 N.Y.2d...

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