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Hobbesland v. Hobbesland

Claim for Fraudulent Misrepresentation, Constructive Trust Against Son Dismissed on Merits

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DECISION AND ORDER

*1  Plaintiff, Alfred Hobbesland (Alfred), commenced this action in Supreme Court, Richmond County, against the defendants, John Hobbesland (John), plaintiff’s son and Linda Hobbesland (Linda), plaintiff’s daughter-in-law, alleging that owing to the fraudulent misrepresentations of the defendants, plaintiff unknowingly conveyed title to real property to the defendants. Plaintiff sought to have the court undo the conveyance and restore plaintiff to title. In the alternative, plaintiff asked the court to impose a constructive trust in his favor in regard to the conveyed property. A non-jury trial was held on September 25, 26 & 27, and October 4, 2017. A post-trial briefing schedule was agreed upon. Both sides were represented by counsel. Background:Plaintiff was the owner of the premises 864 56th Street, Brooklyn, New York as the surviving tenant by the entirety after his spouse predeceased him in 1999. It is a two-family residence with the defendants residing in the first-floor apartment for about 20 years paying $600.00 a month as rent to the plaintiff. Plaintiff occupied the upstairs apartment.Plaintiff was born in Norway in 1934 making him seventy-nine at the time of these transaction in 2013.In 2013, it was decided that the family would move from Brooklyn. A two-family house on Staten Island was located. Plaintiff agreed to sell the Brooklyn property and use the proceeds to purchase the Staten Island house. Plaintiff participated in the selection of the Staten Island property.On March 4, 2013, plaintiff entered into a written contract of sale for the Brooklyn property. The contract was prepared by Andrew L Sichenze, Esq.(Sichenze), an attorney who practiced in that section of Brooklyn for over fifty-years. Plaintiff signed the contract. The sale price was $1,325,000.00.On March 8, 2013, plaintiff signed an amendment to the contract permitting the purchasers to assign the contract to a corporate entity.

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