Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion is denied.
The plaintiffs, in effect, sought summary judgment (see CPLR 3212) in connection with a claim based on a theory of constructive trust that had apparently never been pleaded in any complaint. The record contains no indication that any civil action or proceeding had ever been commenced (see CPLR 103 [b]; 304). Accordingly, there being no pending action or...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
