TOOLEY v. FERN R. CORP.


63 A.D.3d 1607 (2009)

880 N.Y.S.2d 445

NEAL TOOLEY et al., Appellants, v. FERN R. CORP, Respondent.

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

Decided June 5, 2009.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, those parts of the motion for summary judgment dismissing the second and third causes of action are denied and those causes of action are reinstated.

Memorandum: Plaintiffs commenced this action seeking, inter alia, to impose a constructive trust on the proceeds of the lease and subsequent sale of a gravel quarry on a portion of property owned by defendant...

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