PENNYMAC CORP. v. BONGIOVANNI

2017-05414, 2017-11567, Index No. 135011/16.

170 A.D.3d 875 (2019)

96 N.Y.S.3d 113

2019 NY Slip Op 01784

PennyMac Corp., Respondent, v. Danielle Liguori Bongiovanni et al., Defendants, and Sebastian Bongiovanni, Appellant. Allen Cappelli, Esq., Temporary Guardian for Michael Bongiovanni, et al., Nonparty Respondents.

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

Decided March 13, 2019.


Ordered that the order dated March 28, 2017, is modified, on the law, by deleting the provision thereof granting that branch of the nonparties' motion which was to impose a constructive trust in favor of Michael Bongiovanni upon the subject property and the surplus funds, if any, upon any sale of the property, and substituting therefor a provision denying that branch of the motion; as so modified, the order dated March 28, 2017, is affirmed insofar as appealed from; and it...

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