Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
In his Realty Law column, Scott Mollen discusses 'Gruber v. Gruber,' a case involving a constructive trust where issues of fact existed as to whether the transfer of property was effectuated, and 'Friedman Residence v. Denson,' where the court held that Housing Court is the correct forum for resolving the landlord's ejection action.
March 29, 2022 at 11:08 AM
17 minute read
Real EstateConstructive Trust—Partition—Transfer Allegedly Void for Lack of Consideration and Failure of Contractual Condition Precedent—Unjust Enrichment—Issue of Fact as to Whether Draft Deed Was Ever Released From Escrow and Transfer Completed—Partition Claims Dismissed—Motion To Amend Pleading Denied as Untimely and Prejudicial
This decision involved an "intra-family property dispute" between "the plaintiff …, acting in her capacity as the administrator of the estate of ("A"), and defendant…, the plaintiff and the deceased's son who is the owner" of the subject property (property).
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