76 A.D.2d 875 | N.Y. App. Div. | 1980
In consolidated actions to, inter alia, impress constructive trusts upon certain real property, the appeal is from an order of the Supreme Court, Suffolk County dated February 4, 1980 which denied appellant’s motion for summary judgment. Order affirmed, without costs or disbursements. Edwin Yablonski and his solely owned corporation, Bey Construction Co., Inc., transferred certain property to appellant, Jeanne Yablonski. They contend that such transfer resulted in a constructive trust with appellant serving in the capacity of constructive trustee. Their complaints seek equitable relief based upon the appellant’s alleged breach of certain fiduciary duties as the constructive trustee, including her refusal to reconvey the property to them. The appeal is from the denial of appellant’s motion for summary judgment