Panetta v. Kelly

In Panetta v. Kelly (17 AD3d 163 [1st Dept 2005], lv dismissed 5 NY3d 783 [2005]) the appellate court held that numerous factual issues prevented summary judgment dismissing an action for constructive trust of a co-op apartment. In that case, the plaintiff provided substantial money for the acquisition of the co-op and related expenses, aside from paying the monthly maintenance.