From Casetext: Smarter Legal Research

Martin v. Martin

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 821 (N.Y. App. Div. 1991)

Opinion

January 28, 1991

Appeal from the Supreme Court, Nassau County (Loewy, J.H.O.).


Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the plaintiff's argument, the Supreme Court properly denied his application to impose a constructive trust on realty located at 68 East Hudson Street in Long Beach, New York, and owned by the defendant. Generally, a constructive trust may be imposed when property has been acquired under such circumstances that the holder of legal title may not in good conscience retain the beneficial interest therein (see, Sharp v Kosmalski, 40 N.Y.2d 119, 121). To establish a constructive trust, it must be shown that there exists (1) a confidential or fiduciary relationship, (2) a promise, (3) a transfer in reliance therein, (4) a breach of the promise, and (5) unjust enrichment (see, Scivoletti v Marsala, 97 A.D.2d 401, 402, affd 61 N.Y.2d 806). A constructive trust will be imposed where property is parted with on faith of an oral or implied promise to reconvey "but none may be imposed by one who has no interest in the property prior to obtaining a promise" to reconvey (Matter of Wells, 36 A.D.2d 471, 474, affd 29 N.Y.2d 931; see also, Washington v Defense, 149 A.D.2d 697). Since the plaintiff's testimony failed to establish such an interest, his application for the imposition of a constructive trust was properly denied.

We have examined the remaining arguments raised by the parties and find them to be without merit (see, Price v Price, 69 N.Y.2d 8; Wegman v Wegman, 123 A.D.2d 220; cf., Lenczycki v Lenczycki, 152 A.D.2d 621, 624). Mangano, P.J., Thompson, Eiber and Rosenblatt, JJ., concur.


Summaries of

Martin v. Martin

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 821 (N.Y. App. Div. 1991)
Case details for

Martin v. Martin

Case Details

Full title:EDWARD MARTIN, Appellant-Respondent, v. ROSE MARTIN, Respondent-Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 28, 1991

Citations

169 A.D.2d 821 (N.Y. App. Div. 1991)
565 N.Y.S.2d 191

Citing Cases

Stark v. Stark

The purpose of constructive trust is to prevent unjust enrichment. Therefore, before the Court may find that…

Parr v. Ronkonkoma Realty

In support of those branches of their motion which were for summary judgment dismissing the complaint, the…