Reingold v. Bowins
| Decision Date | 05 February 2020 |
| Docket Number | 2016–10745,Index No. 24800/02 |
| Parties | G. Steven REINGOLD, Respondent, v. Barbara BOWINS, etc., Appellant. |
| Court | New York Supreme Court — Appellate Division |
180 A.D.3d 722
119 N.Y.S.3d 487
G. Steven REINGOLD, Respondent,
v.
Barbara BOWINS, etc., Appellant.
2016–10745
Index No. 24800/02
Supreme Court, Appellate Division, Second Department, New York.
Argued—September 3, 2019
February 5, 2020
Eric M. Cahalan, P.C., Huntington, NY, for appellant.
Ivars Berzins, P.C., Babylon, NY, for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, HECTOR D. LASALLE, JJ.
DECISION & ORDER
In an action to impose a constructive trust and recover damages for unjust enrichment, the defendant appeals from a judgment of the Supreme Court, Suffolk County (W. Gerard Asher, J.), dated July 14, 2016. The judgment is in favor of the plaintiff and against the defendant in the principal sum of $107,662.15, and imposed a constructive trust on certain funds held in escrow.
ORDERED that the judgment is affirmed, with costs.
In 1985, the plaintiff purchased residential property in Greenlawn (hereinafter the Greenlawn property), and allowed the defendant, who is his sister, to live in the residence on the property. In 1990, the defendant purchased residential property located in Ronkonkoma (hereinafter the Ronkonkoma property), and allowed the plaintiff to live in the residence on the property. Subsequently, in 1994, the defendant commenced an action against the plaintiff for the imposition of a constructive trust against the Greenlawn property. The defendant was granted a default judgment against the plaintiff after he failed to appear in that action, and after an inquest, a judgment was entered granting the defendant title to the Greenlawn property.
In 2002, the plaintiff commenced this action against the defendant
seeking the imposition of a constructive trust on the Ronkonkoma property and damages for unjust enrichment, after the defendant refused to transfer title of the Ronkonkoma property to the plaintiff. The plaintiff alleged that the parties had previously entered into an agreement that the defendant would transfer title to the Ronkonkoma property to the plaintiff, and the plaintiff would transfer title to the Greenlawn property to the defendant. However, the defendant had obtained title to the Greenlawn property through the judgment in the constructive trust action, and now retained title to both properties. During the pendency of this action, the Ronkonkoma property was sold and a portion of the proceeds were placed in escrow. The case proceeded to a nonjury trial, and the Supreme Court found in favor of the plaintiff, awarded the plaintiff damages in the principal sum of $107,662.15, and imposed a constructive trust on all proceeds from the sale of the Ronkonkoma property that were being held in escrow. The defendant appeals.
In reviewing a determination made...
To continue reading
Request your trial
-
Toobian v. Golzad
...into consideration that in a close case the trial court had the advantage of seeing and hearing the witnesses" ( Reingold v. Bowins, 180 A.D.3d 722, 723, 119 N.Y.S.3d 487 ; see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d......
-
Berkovits v. Berkovits
...388 ). Similarly, the complaint states a cause of action against Mayer Berkovits to impose a constructive trust (see Reingold v. Bowins, 180 A.D.3d 722, 119 N.Y.S.3d 487 ).The Supreme Court did not err in denying that branch of the motion of Mayer Berkovits which was to dismiss the twelfth ......
-
Toobian v. Golzad
...into consideration that in a close case the trial court had the advantage of seeing and hearing the witnesses" ( Reingold v. Bowins, 180 A.D.3d 722, 723, 119 N.Y.S.3d 487 ; see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d......
-
Farro v. Schochet
...that it is against equity and good conscience to permit [the other party] to retain what is sought to be recovered" ( Reingold v. Bowins, 180 A.D.3d 722, 723, 119 N.Y.S.3d 487 [internal quotation marks omitted]; see Hong Qin Jiang v. Li Wan Wu, 179 A.D.3d 1035, 1040, 118 N.Y.S.3d 208 ). Dam......