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Court Discusses Fraud Allegations


Queens Probate 19

New York Probate Lawyers said this is a case being heard in the Second Department, Appellate Division of the Supreme Court of the state of New York. The action before the court is to recover the possession of real property. The defendant is appealing an order made in the Supreme Court of Queens County that granted the plaintiffs motion for summary judgment that dismissed the defendant’s counterclaims to impose a construct trust for the subject property and the proceeds of a bank account.

Case Background

The plaintiff of the case owned a two story house with her son, who is the deceased husband of the defendant. The plaintiff and her son were the joint tenants of the property with the rights of survivorship. The defendant wife continued to live in the home after the death of her husband and contests the plaintiff’s right to possession of the property.

The defendant alleges fraud in the matter stating that the plaintiff forced her deceased husband to sign the joint tenancy agreement rather than a tenancy in common with her, thereby depriving the defendant of any right to the home.

A Staten Island Probate Lawyer said the plaintiff has established her immediate right to possession of the home and states that the defendant has been living in the home illegally. The plaintiff states that the defendant has withheld possession of the home from her.

Case Discussion and Decision

The defendant has issued counterclaims in the matter seeking the imposition of a constructive trust for the property. However, these claims are time barred as the home was purchased in 1985 and the counterclaims were not issued until 1995.

Nassau County Probate Lawyers said the counterclaims alleging fraud made by the defendant are also time barred as the defendant was apprised of the sufficient facts of the matter at the time of her husband’s death.

For these reasons, the court is dismissing the appeals in this case and the respondent is awarded a bill of costs in this matter.

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