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ABDEL-QADER v. ABDEL-QADER

2009-07714.

79 A.D.3d 674 (2010)

911 N.Y.S.2d 910

NASHAT ABDEL-QADER et al., Respondents, v. MAHER ABDEL-QADER, Appellant.

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

Decided December 7, 2010.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the plaintiffs presented evidence which established all of the elements necessary for the imposition of a constructive trust (see Sharp v Kosmalski, 40 N.Y.2d 119, 121 [1976]). Moreover, we reject the defendant's argument that the plaintiffs are precluded from obtaining the equitable relief in the nature of a constructive trust...

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