MARIC PIPING INC v. MARIC (2007)

Supreme Court, Appellate Division, Second Department, New York.

MARIC PIPING, INC., et al., respondents, v. Rajko MARIC, et al., appellants.

Decided: September 11, 2007

A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, DANIEL D. ANGIOLILLO, and THOMAS A. DICKERSON, JJ.

Patterson Belknap Webb & Tyler, LLP, New York, N.Y. (John D. Winter and Elise Brown of counsel), for appellants. McDonough Marcus Cohn Tretter Heller & Kanca, LLP, New Rochelle, N.Y. (Franklin E. Tretter and Eugene H. Goldberg of counsel), for respondents.

In an action for an accounting and to impose a constructive trust on the defendants' interest in a certain parcel of real property, the defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Queens County (Leviss, J.H.O.), dated May 4, 2006, as, after a nonjury trial, imposed a constructive trust upon the real property.

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

The plaintiffs presented evidence that was sufficient to establish the elements of a constructive trust (see Ubriaco v. Martino, 36 A.D.3d 793, 828 N.Y.S.2d 490). The plaintiffs' claim for the imposition of a constructive trust was not time barred, because the defendant Rajko Maric first openly repudiated any interest that the plaintiffs Frank Maric and Maric Piping, Inc., might have had in the real property at issue in December 1998, less than six years before the plaintiffs commenced the instant action (see CPLR 213[1]; Jakacic v. Jakacic, 279 A.D.2d 551, 552, 719 N.Y.S.2d 675).

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