KASTRAT v. WYNNYKIW


13 A.D.3d 283 (2004)

788 N.Y.S.2d 339

DAVID KASTRAT, Doing Business as DUGA PAINTING & CONTRACTING, et al., Appellants, v. ASKOLD R. WYNNYKIW et al., Defendants, and POLTAVA REALTY, LLC, Respondent.

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

December 28, 2004.


Plaintiffs allege that they were induced to renovate one of the apartments in the building by the sellers' fraudulent promise to convey the building to them. When the sellers instead sold the building to the buyer, plaintiffs brought this action alleging, inter alia, that the buyer was unjustly enriched by the renovations and seeking, inter alia, to impose a constructive trust on the building. The action was properly dismissed as against the buyer for lack of evidence that...

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