Valvo v. Spitale
January 26, 2010
305 A.D.2d 668, (2nd Dept. 5/27/2003)
Daughter brought action to impose constructive trust on real property. Mother filed counterclaim for money owed for daughter’s use and occupancy of house. The Supreme Court, Kings County, Dowd, J., entered judgment in favor of mother, and daughter appealed. The Supreme Court, Appellate Division, held that daughter failed to establish entitlement to constructive trust. Appellate Division affirmed. To warrant imposition of constructive trust, plaintiff must plead and prove four essential elements: (1) confidential or fiduciary relationship, (2) promise, express or implied, (3) transfer in reliance thereon, and (4) unjust enrichment caused by breach of promise. Link to Full Text of Decision
