Macina v. Macina
Cases that cite this one
8 later published cases cite this decision.
- Goya Foods, Inc. v. Unanue-Casal (1st Cir. 2000)
- Northeast Dairy Cooperative Federation, Inc. v. Dellwood Foods, Inc. (In re Northeast Dairy Cooperative Federation, Inc.) (United States Bankruptcy Court, N.D. New York 1987)
- Lennard v. Chinkpoo Realty Holding Corp. (Appellate Division of the Supreme Court of New York 2010)
- Lennard v. Chinkpoo Realty Holding Corp. (Appellate Division of the Supreme Court of New York 2010)
- Johnson v. Stanfield Capital Partners, LLC (Appellate Division of the Supreme Court of New York 2009)
- Di Nicola v. Bouchard (Appellate Division of the Supreme Court of New York 1996)
- Ellen K. v. John K. (Appellate Division of the Supreme Court of New York 1992)
- Lichtman v. Grossbard (N.Y. 1988)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Supreme Court found, and the Appellate Division affirmed the finding that plaintiff has failed to demonstrate that defendant promised to reconvey the subject property. That being so, and there being support in the record, the lower courts properly held that plaintiff is not entitled to relief in the nature of a constructive trust. Nor could the trial court grant plaintiff relief on a claim of equitable lien, inasmuch as such a theory of recovery was never raised in the pleadings or at trial (see Collucci v Collucci, 58 NY2d 834).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.