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PYROS v. DENGEL

35 A.D.3d 424 (2006)

826 N.Y.S.2d 140

CLORINDA PYROS, Appellant, v. CHARLES DENGEL, Respondent. (Action No. 1.) CHARLES CAPOBIANCO et al., Respondents, v. CHARLES DENGEL, Respondent, and CLORINDA PYROS et al., Appellants. (Action No. 2.)

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

Decided December 5, 2006.

Ordered that the judgment is affirmed, with one bill of costs.

The trial court properly directed specific performance of the contract of sale between Charles Dengel, the seller of the subject property, and Charles Capobianco and Jennifer Capobianco, the purchasers (see Tucek v Hoffman, 161 A.D.2d 588 [1990]). The trial court also properly imposed a constructive trust on the proceeds...

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