CARNIVALE v. CARNIVALE

15524/2009.

25 Misc.3d 878 (2009)

885 N.Y.S.2d 871

2009 NY Slip Op 29367

RICHARD CARNIVALE, Plaintiff, v. RICK CARNIVALE et al., Defendants.

Supreme Court, Queens County.

Decided September 3, 2009.


Attorney(s) appearing for the Case

Goldberg, Scudieri, Lindenberg & Block, P.C., New York City (Ivy Alexander of counsel), for plaintiff.

Woods & Lonergan, LLP, New York City (James Woods of counsel), for Rick Carnivale, defendant.


OPINION OF THE COURT

CHARLES J. MARKEY, J.

The present action concerning the ownership of a cooperative apartment (the co-op or co-op apartment) in Queens County, New York, raises an interesting issue of whether the turning over of keys to a dwelling and an alleged reference to it as "your new home" can be the basis for imposing a constructive trust of that house or apartment.

By order to show cause, dated June 12, 2009, the son, plaintiff Richard...

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