Zinz-Barta v. Barta — 54 N.Y.2d 945

Majority

p. 945

Randi Zinz-Barta, Respondent, v Thomas T. Barta, Appellant.

Decided October 22, 1981

APPEARANCES OF COUNSEL

Charles E. Steinberg for appellant.

David Jaroslawicz for respondent.

p. 946

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. On the facts of this case, it appears that the trial court properly imposed a constructive trust for the benefit of the plaintiff to the extent of one-half interest in the co-operative apartment held in the defendant’s name. Furthermore, it cannot be said that the trial court abused its discretion in making an award of alimony in the amount of $250 per week to the plaintiff.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.