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MATTER OF GERBACIA

37 A.D.3d 720 (2007)

830 N.Y.S.2d 324

In the Matter of the Estate of MARTHA GERBACIA, Deceased. MARIA VIVIANO, Appellant; GEORGE GERBACIA et al., Respondents.

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

Decided February 20, 2007.

Ordered that the order and decree is affirmed, with costs.

The respondents established prima facie their entitlement to judgment as a matter of law dismissing the petitioner's constructive trust claim. While the constructive trust doctrine is broad in scope, and such trusts "will be erected whenever necessary to satisfy the demands of justice" (Latham v Father Divine, 299 N.Y. 22, 27 [1949]; see Simonds v Simonds, 45 N.Y.2d 233

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