MORICE v. GARRITANO


62 A.D.3d 971 (2009)

878 N.Y.S.2d 906

ANDREW P. MORICE, Appellant, v. BRUCE A. GARRITANO, Respondent.

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

Decided May 26, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to cancel the notice of pendency is denied, and the notice of pendency is reinstated.

In his second cause of action, the plaintiff sought to impose a constructive trust in his favor upon, among others, the subject "hotel properties" legally owned by, and titled in, the defendant's name. The cause of action for a constructive trust "seeks a judgment...

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