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Toles v. Stuart

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 23, 2008

BETTY TOLES, RESPONDENT,
v.
KENNETH STUART, ET AL., APPELLANTS, ET AL., DEFENDANTS.

In an action, inter alia, to recover damages for fraud, to impose a constructive trust on certain real property, and to compel specific performance of an oral agreement to convey the real property, the defendants Kenneth Stuart and Margo Arthur appeal, and the defendant Eugenia Baptiste Burton separately appeals, as limited by their respective briefs, from so much of an order of the Supreme Court, Nassau County (Feinman, J.), entered September 28, 2007, as denied their respective motions for summary judgment dismissing the complaint insofar as asserted against them.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON and ARIEL E. BELEN, JJ.

(Index No. 14352/05)

DECISION & ORDER

ORDERED that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

There are issues of fact requiring the denial of summary judgment (see Alvarez v Prospect Hosp., 68 NY2d 320).

FISHER, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

20081223

© 1992-2008 VersusLaw Inc.



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