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ROSSI v. MORSE

1051 CA 16-02178.

153 A.D.3d 1637 (2017)

2017 NY Slip Op 06795

61 N.Y.S.3d 438

ROBERT F. ROSSI, as Executor of the Estate of ALBERTA M. Rossi, Deceased, Respondent, v. PATRICIA A. MORSE, Appellant.

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

Decided September 29, 2017.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Alberta M. Rossi (decedent) commenced this action seeking to impose a constructive trust on money held by her daughter, defendant. After a nonjury trial, decedent died and plaintiff was thereafter substituted as executor of decedent's estate. Supreme Court issued an order (liability order) determining that decedent was entitled to a constructive trust on the funds...

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