WHALEN v. HARVEY


235 A.D.2d 792 (1997)

653 N.Y.S.2d 159

Kevin Whalen, as Administrator of The Estate of Ralph J. Whalen, Deceased, Appellant, v. Kathryn Harvey, Also Known as Kathryn Whalen, Respondent

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

January 16, 1997


Casey, J.

Plaintiff, as administrator of the estate of Ralph J. Whalen (hereinafter decedent), commenced this action seeking, inter alia, to set aside a deed to certain real property located in Orange County or to impose a constructive trust on the property. After issue was joined, defendant moved for summary judgment dismissing the complaint. Supreme Court granted the motion, resulting in this appeal by plaintiff.

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