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NOW EVERYONE KNOWS ABOUT THE "GUMOD!"

j0438458.jpgIn Columbo v. Columbo , Christopher Columbo asked a court to impose a "constructive trust," or, in other words, for a court order recognizing that he was the true owner of property that had been sold by his brother, Anthony Columbo. 

Barbara Whalen purchased the home from Anthony, who was allegedly Christopher's "nominee." 

Although the property had been in Anthony's name, Christopher paid for the downpayment, mortgage, and maintenance, and, arranged for the acquisition in this manner so that the latter's wife wouldn't know that the property had been purchased for a girlfriend. 

When Anthony tried to get the case dismissed, due to Christopher's "unclean hands,"  the Dutchess County Supreme Court denied the request.

On appeal, the Appellate Division, Second Department, agreed noting that the doctrine of unclean hands "applies when the complaining party shows that the offending party is guilty of immoral, unconscionable behavior and even then only when the conduct relied on is directly related to the subject matter in litigation."  In other words, since Christopher's wife wasn't a party to the case, the lechery wasn't relevant to the dispute. 

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Why are we thinking a Columbo got it in the end?

To download a copy of the Appellate Division's decision, please use this link: Columbo v. Columbo

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