CROWN REALTY CO. v. CROWN HEIGHTS JEWISH CMTY. COUNCIL


219 A.D.2d 695 (1995)

631 N.Y.S.2d 539

Crown Realty Company, Appellant, v. Crown Heights Jewish Community Council et al., Defendants and Third-Party Plaintiffs-Respondents. David Fischer, Third-Party Defendant-Appellant

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

September 25, 1995


Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

While the plaintiff and the third-party defendant, David Fischer, take issue with the trial court's conclusion that a constructive trust should be imposed upon the subject property, all of the requisite elements for imposing a constructive trust (see, Sharp v Kosmalski, 40 N.Y.2d 119, 121; Reiner v Reiner,

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