Khoury v Khoury

Khoury v Khoury 2009 NY Slip Op 02236 [60 AD3d 539] March 24, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 6, 2009

Charles Khoury et al., Appellants,
v
Katherine Khoury, Respondent.

—[*1] Reingold & Tucker, Brooklyn (Abraham Reingold of counsel), for appellants.

McCullough, Goldberger & Staudt, LLP, White Plains (Ruth F-L. Post of counsel), for 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.

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 [1976]). Concur—Tom, J.P., Mazzarelli, Nardelli, Catterson and Moskowitz, JJ.