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Walker v. Hassall

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 981 (N.Y. App. Div. 1995)

Opinion

February 3, 1995

Appeal from the Supreme Court, Niagara County, Mintz, J.

Present — Pine, J.P., Fallon, Wesley, Callahan and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint seeking to impose a constructive trust upon defendant's residence. Defendant submitted proof in admissible form that she had not promised plaintiff that she would leave the residence to plaintiff in her will if plaintiff assisted in paying the expenses and repair costs of the residence. In response plaintiff failed to submit proof in evidentiary form sufficient to raise an issue of fact whether such a promise was made.


Summaries of

Walker v. Hassall

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 981 (N.Y. App. Div. 1995)
Case details for

Walker v. Hassall

Case Details

Full title:SHELDA W. WALKER, Appellant, v. MARJORIE B. HASSALL, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 3, 1995

Citations

212 A.D.2d 981 (N.Y. App. Div. 1995)
624 N.Y.S.2d 1000

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