96 A.D.2d 582 | N.Y. App. Div. | 1983
In a matrimonial action, the defendant wife appeals from so much of a judgment of the Supreme Court, Westchester County (Isseks, J.), dated December 14, 1981, as (1) dismissed her counterclaim for the imposition of a constructive trust on certain real and personal property, with title owned solely by the plaintiff husband or by the parties as joint tenants or tenants by the entirety, (2) decreed that the plaintiff husband had sole title to certain property, (3) denied the defendant wife’s request for exclusive possession of the marital residence, (4) directed the sale and equal distribution of the net proceeds of certain property jointly owned by the parties and (5) awarded certain visitation rights to the plaintiff husband. Judgment modified, on the law and the facts, by deleting the fourth decretal paragraph thereof, and so much of the third decretal paragraph as dismissed so much of the wife’s counterclaim as sought to impose a constructive trust upon the following properties: “55 shares of the stock of Arthur Court Realty Management Corp.”; “25% Limited Partnership Interest in O.T. Company”; “6.25% Limited Partnership Interest in 675 W. 187 Street, Co.”; and “proceeds from the disposition