Opinion
No. 2006-11266.
June 26, 2007.
In an action, in effect, to impose a constructive trust on certain real property, in which the defendant counterclaimed for, inter alia, a direction that she convey title to the property into the parties' names as joint tenants with right of survivorship, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.H.O.), dated November 8, 2006, which, after a nonjury trial, and upon a decision of the same court dated September 30, 2006, inter alia, imposed a constructive trust in the form of a tenancy in common in the name of the plaintiff and the defendant.
Monte J. Rosenstein, P.C., Middletown, N.Y., for plaintiff/counterclaim defendant-appellant.
Bloom Bloom, P.C., New Windsor, N.Y. (Daniel J. Bloom and Steven A. Kimmel of counsel), for defendant/counterclaim plaintiff-respondent.
REINALDO E. RIVERA, J.P. GLORIA GOLDSTEIN PETER B. SKELOS RUTH C. BALKIN, JJ.
Before: Rivera, J.P., Goldstein, Skelos and Balkin, JJ.
Ordered that the judgment is affirmed, with costs.
Upon review of a determination rendered after a nonjury trial, this Court's authority "is as broad as that of the trial court, [and this Court may] render the judgment it finds warranted by the facts, taking into account in a close case `the fact that the trial judge had the advantage of seeing the witness'" ( Northern Westchester Professional Park Assoc., v Town of Bedford, 60 NY2d 492, 499, quoting York Mtge. Corp. v Clotar Constr. Corp., 254 NY 128, 133-134; see Vizzari v Hernández, 1 AD3d 431, 431-432). We discern no reason to disturb the Supreme Court's determination, inter alia, imposing a constructive trust in favor of the plaintiff upon one half of the interest in the subject property currently deeded to the defendant ( see Simonds v Simonds, 45 NY2d 233, 241; Sharp v Kosmalski, 40 NY2d 119, 121; Ruiz v Meloney, 26 AD3d 485, 486; Nastasi v Nastasi, 26 AD3d 32, 38; Eickler v Pecora, 12 AD3d 635, 636; Williams v Lynch, 245 AD2d 715, 716-717).