PENTECOSTAL CHURCH OF GOD INTERNATIONAL MOVEMENT, INC. v. MARTINEZ


270 A.D.2d 99 (2000)

714 N.Y.S.2d 658

PENTECOSTAL CHURCH OF GOD INTERNATIONAL MOVEMENT, INC., Respondent, v. EBENEZER MARTINEZ et al., Appellants.

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

Decided March 14, 2000.


Since the deed, mortgage and loan settlement all name plaintiff as the owner of the property in question and defendants have failed to establish that the property was subject to a trust, either an actual or constructive, in their favor, plaintiff was properly granted a writ of assistance to place it in possession of the property and defendants' motion for summary judgment was properly denied (see, First Presbyt. Church v United Presbyt. Church, 62...

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