SAMANTHA ENTERPRISES, INC. v. ELIZABETH STREET, INC.


5 A.D.3d 280 (2004)

774 N.Y.S.2d 681

SAMANTHA ENTERPRISES, INC., Appellant, v. ELIZABETH STREET, INC., et al., Respondents.

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

March 23, 2004.


Plaintiff corporation and defendant-respondent are 50% partners in the beneficiary plaintiff, a general partnership. Plaintiff seeks imposition of a constructive trust, declaratory and other equitable relief and reformation of a 2003 deed conveying certain property to defendant-respondent, on the theory that defendant-respondent usurped the general partnership's opportunity to purchase downtown Manhattan real estate. There is, however, no evidence that the general partnership...

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