NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 24, 2009
CHARLES KHOURY, ET AL., PLAINTIFFS-APPELLANTS,
KATHERINE KHOURY, ETC., DEFENDANT-RESPONDENT.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about January 2, 2008, which granted defendant's motion to dismiss the complaint for failure to state a cause of action for constructive trust, unanimously affirmed, without costs.
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.
Tom, J.P., Mazzarelli, Nardelli, Catterson, Moskowitz, JJ.
The complaint contains no allegation that defendant promised the decedent that she would allow his relatives to continue to live in the subject building if he bequeathed the building to her (see Sharp v Kosmalski, 40 NY2d 119, 121 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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