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BARONE v. BARONE

2013-03681, 2013-07501

130 A.D.3d 765 (2015)

14 N.Y.S.3d 412

2015 NY Slip Op 06102

FRANK A. BARONE, Appellant, v. GILMA POSADA BARONE, Also Known as MARIA G. BARONE, Individually, as Officer and Shareholder of J.P. Barone Properties, Inc. and Others, et al., Respondents.

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

Decided July 15, 2015.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, that branch of the defendants' cross motion which was pursuant to CPLR 3211(a) to dismiss the cause of action for the imposition of a constructive trust is denied, that cause of action is reinstated, and the order is modified accordingly; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The appeal...

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