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NASTASI v. NASTASI

26 A.D.3d 32 (2005)

805 N.Y.S.2d 585

ALTHEA NASTASI, Respondent, v. THOMAS NASTASI III, Defendant, and ARTHUR JOHANSEN et al., Appellants.

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

November 14, 2005.

Attorney(s) appearing for the Case

Proskauer Rose, LLP, New York City (Elise A. Yoblonski and Philip M. Susswein of counsel), for appellants.

Carway and Flipse, Mineola (Daniel S. Gerson and Adrienne Flipse Hausch of counsel), for respondent.

COZIER, J.P., LUCIANO and SKELOS, JJ., concur.

OPINION OF THE COURT

CRANE, J.

This is an action, among other things, to impose a constructive trust. The plaintiff, a widow, is the mother of the defendant Thomas Nastasi III and the mother-in-law of the defendant Arthur Johansen. The litigation arises out of an agreement to pay the plaintiff an annuity. In connection with this agreement, the plaintiff alleges, she transferred a parcel of real property to...

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