Jacob v. Conway
| Decision Date | 17 May 2017 |
| Citation | 56 N.Y.S.3d 138,150 A.D.3d 973 |
| Parties | Brenda JACOB, respondent, v. Kenneth CONWAY, appellant. |
| Court | New York Supreme Court — Appellate Division |
150 A.D.3d 973
56 N.Y.S.3d 138
Brenda JACOB, respondent,
v.
Kenneth CONWAY, appellant.
Supreme Court, Appellate Division, Second Department, New York.
May 17, 2017.
Joshua E. Bardavid, New York, NY, for appellant.
O'Donnell & Fox, P.C., New York, NY (Thomas O'Donnell of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SANDRA L. SGROI, COLLEEN D. DUFFY, and BETSY BARROS, JJ.
In an action, inter alia, to impose a constructive trust on real property, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated January 30, 2015, as denied that branch of his motion which was for summary judgment dismissing the complaint.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.
The plaintiff and the defendant are sister and brother and have two other siblings. In 1982, their mother (hereinafter the mother), who owned real property in Brooklyn, executed a will devising all of her assets to her children, to be shared equally. In March 2011, when the mother was 79 years old, she executed a power of attorney granting the defendant the authority to conduct her business and personal matters. One year later, the mother executed a deed transferring the real property to the defendant. The plaintiff, claiming that the mother lacked mental capacity at the time of the transfer, commenced this action against the defendant asserting causes of action to impose a constructive trust, to recover damages for unjust enrichment, for an accounting, and for "appointment of [a] guardian ad litem" for the mother. The defendant moved, inter alia, for summary judgment dismissing the complaint, asserting, among other things, that the plaintiff lacked standing. The Supreme Court denied the motion.
"[S]tanding requires an inquiry into whether the litigant has ‘an interest in the claim at issue in the lawsuit that the law will recognize as a sufficient...
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