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AUGUR v. AUGUR

510567.

82 A.D.3d 1342 (2011)

917 N.Y.S.2d 918

CHARLES AUGUR, Appellant, v. RAYMOND AUGUR, Respondent, et al., Defendant.

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

Decided March 3, 2011.

EGAN JR., J.

Plaintiff commenced this action against defendant Raymond Auger (hereinafter defendant), his father, to impose a constructive trust on certain real property owned by his parents. Upon defendant's motion for summary judgment, Supreme Court, sua sponte, deemed defendant's mother a necessary party given the undisputed fact that the property at issue was owned by plaintiff's parents as tenants by the entirety....

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