CANAS v. OSHIRO

2021-09099. Index No. 63011/20.

221 A.D.3d 650 (2023)

199 N.Y.S.3d 161

2023 NY Slip Op 05585

Lizbeth Margarita Canas, Appellant, v. Eduardo Nicholas Oshiro et al., Respondents.

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

Decided November 8, 2023.


Attorney(s) appearing for the Case

Jacqueline Warner , Mount Vernon, NY ( Earl Williams of counsel), for appellant.

Sisca Sisca & Associates LLP, Port Chester, NY ( John A. Tartaglia III of counsel), for respondents.

Iannacci, J.P., Wooten, Warhit and Wan, JJ., concur.


In an action, inter alia, to impose a constructive trust and to recover damages for unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Westchester County (Alexandra D. Murphy, J.), dated November 8, 2021. The order, insofar as appealed from, granted those branches of the defendants' motion which were for summary judgment dismissing the first and second causes of action, and denied that branch of the plaintiff...

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