Opinion
March 24, 1994
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
In this family dispute, plaintiff seeks to prevent the sale of a family residence, and to undo the sale of other property, by his mother, claiming that she held it for his deceased father and subsequently for all of the father's offspring only as constructive trustee. We agree with the IAS Court that plaintiff's allegations, even including those in his proposed amended complaint, do not make out a cause of action for a constructive trust (Sharp v. Kosmalski, 40 N.Y.2d 119; Hazlett v Fusco, 177 A.D.2d 813). Plaintiff, as an interested party, is not competent to testify as to his father's statements (CPLR 4519). We have considered plaintiff's remaining contentions and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Tom, JJ.