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KISSANE v. CASHMAN

2021-05417. Index No. 66286/20.

217 A.D.3d 932 (2023)

191 N.Y.S.3d 727

2023 NY Slip Op 03457

Ruth Kissane et al., Respondents, v. Orla Cashman, Appellant.

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

Decided June 28, 2023.

Attorney(s) appearing for the Case

Charles Leonard Mitchell , New York, NY, for appellant.

Robinson Brog Leinwand Greene Genovese & Gluck, P.C., New York, NY ( William A. Rome and Philip T. Simpson of counsel), for respondents.

Barros, J.P., Rivera, Maltese and Dowling, JJ., concur.

In an action, inter alia, to impose a constructive trust on certain real property, the defendant appeals from an order of the Supreme Court, Westchester County (David F. Everett, J.), dated June 21, 2021. The order, insofar as appealed from, denied that branch of the defendant's motion which was, in effect, pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, with...

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