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O'Donnell v. O'Donnell

Appellate Division of the Supreme Court of New York, Third Department
Jul 17, 1980
77 A.D.2d 730 (N.Y. App. Div. 1980)

Opinion

July 17, 1980


Appeal from an order of the Supreme Court at Special Term, entered March 18, 1980 in Ulster County, which granted defendant's motion to dismiss the complaint. The order should be affirmed. The complaint attempts to set forth an equitable action to impress a trust. However, the plaintiff has failed to plead facts showing any consideration for the alleged oral promise of the deceased husband to designate the plaintiff wife as the beneficiary of all death benefits due from his employer, the State of New York. Plaintiff has failed to plead any acts performed by her, other than gratuitous acts, which prompted decedent's promise to change his beneficiary. There is no allegation that the promise of the decedent was based on anything more than love and affection. Thus, the complaint herein will not support a constructive trust (Gartman v. New York State Employees Retirement System, 152 N.Y.S.2d 849). Order affirmed, without costs. Greenblott, J.P., Staley, Jr., Main, Mikoll and Casey, JJ., concur.


Summaries of

O'Donnell v. O'Donnell

Appellate Division of the Supreme Court of New York, Third Department
Jul 17, 1980
77 A.D.2d 730 (N.Y. App. Div. 1980)
Case details for

O'Donnell v. O'Donnell

Case Details

Full title:CARMELLA O'DONNELL, Appellant, v. ANN B. O'DONNELL et al., Respondents

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

Date published: Jul 17, 1980

Citations

77 A.D.2d 730 (N.Y. App. Div. 1980)