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https://www.nyestatelitigationblog.com/2011/03/articles/trusts/what-is-a-constructive-trust/
Mar 28, 2011 · Most simply explained, a constructive trust is an equitable remedy imposed to prevent unjust enrichment (see Simonds v Simonds, 45 NY2d 233, 242 [1978]; Sharp v Kosmalski, 40 NY2d 119 [1976]).According to the Court of Appeals, the constructive trust is “the formula through which the conscience of equity finds expression.
https://www.newyorkrealestatelawyersblog.com/constructive-trusts-and-real-estate-in-new-york-state/
Oct 18, 2012 · A constructive trust is a legal concept which may occur in the ownership of real property in New York State. It can be imposed by a Court in New York State when there is evidence that the actual ownership of property is not accurately reflected in the deed to the property in question.
https://www.legalsurvival.com/ny-constructive-trust-claim-rejected/
New York Real Estate Attorney Bob Friedman discusses a recent decision where a Constructive Trust Claim was rejected by a NY court. New York Real Estate Attorney Bob Friedman discusses a recent decision where a Constructive Trust Claim was rejected by a NY court. ... to the father dismissing the complaint. Category: Rochester NY Real ...
https://www.gibsondunn.com/wp-content/uploads/documents/publications/Millet-BewaretheConstructiveTrustClaim.pdf
Beware The Constructive Trust Claim Law360, New York (October 13, 2010) -- Faced with the prospect of little recovery at some distant point in the future, larger unsecured creditors are using the remedy of a constructive trust to target specific property and to attempt to obtain a full recovery superior to all other claimants, including senior
https://law.justia.com/cases/new-york/other-courts/2014/2014-ny-slip-op-50289-u.html
If a constructive trust is a fraud-rectifying remedy in New York, as the Court of Appeals directed in Bankers Security Life Insurance Society v. Shakerdge, then the standard of proof for all the elements of a constructive trust should be "clear and convincing evidence" and this court will apply that standard in analyzing the husband's proof on ...
https://www.noglaw.com/constructive-trust-non-married-couples/
Jan 24, 2019 · In a recent New York court decision, the Appellate Division, Second Department found that the Plaintiff could pursue her claim for constructive trust. In a recent New York court decision, the Appellate Division, Second Department found that the Plaintiff could pursue her claim for constructive trust. ... Plaintiff’s complaint alleged that the ...
http://online.wsj.com/public/resources/documents/072810armeniasuit.pdf
KABATECK BROWN KELLNER LLP 644 South Figueroa Street Los Angeles, California 90017 (213) 217-5000 (tel) / (213) 217-5010 (fax) ... CLASS ACTION COMPLAINT FOR: 1. CONSTRUCTIVE TRUST 2. BREACH OF STAUTORY TRUST 3. UNJUST ENRICHMENT 4. AN ACCOUNTING ... New York, and does commercial and investment business throughout the United States. ...
https://www.mhappeals.com/february-18-2015-m-h-wins-reversal-and-dismissal-of-constructive-trust-claim/
Igneri v. Igneri, 2015 NY Slip Op 01419 [2d Dept., 2015] In this action to impose a constructive trust on real property and rental income, the Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, reversed the lower court’s order and …Location: One Whitehall Street, 10th Floor, New York, 10004, NY
http://www.kinseylaw.com/attyserv/civil/complaints/contrust.html
By reason of the fraudulent and otherwise wrongful manner in which the defendants___, or any of them, obtained their alleged right, claim or interest in and to the property, defendant___, and each of them, have no legal or equitable right, claim or interest therein, but, instead, Defendant___, and each of them are involuntary trustees holding ...
http://www.legalvictor.net/recent-applications-of-the-ancient-doctrine-of-constructive-trust-to-contemporary-legal-disputes/
Mar 29, 2012 · By Victor M. Metsch, Esq. This article was originally published by Thomson Reuters. The Legal Framework “Constructive trust” was just one of many mind-numbing “ancient” remedies dissected in my first year of law school. The applicability of such relief, at the time, seemed purely academic and clearly remote from the real world.
https://law.justia.com/cases/new-york/other-courts/2011/2011-51161.html
In this action, inter alia, to impress a constructive trust on real property located at 49 Roosevelt Ct., Woodbury New York, the court (LeMarca, J.), in a decision and order dated March 30, 2009, granted, in part, Defendant's motion pursuant to CPLR 3211 (a)(7) to dismiss the Plaintiff's complaint.
http://nevadalaw.info/element-for-a-claim-of-imposition-of-a-constructive-trust/
Sep 10, 2015 · As stated, to establish a claim for imposition of a constructive trust in Nevada, the complaint must allege facts sufficient to show the abuse of a confidential relationship, the retention of legal title would be inequitable, and unjust enrichment. See Locken, 98 Nev. at 372, 650 P.2d at 805.
https://caselaw.findlaw.com/ny-supreme-court-appellate-division/1509229.html
The complaint asserts a cause of action denominated as one “pursuant to New York State [Real Property and Proceedings Law] Article 15 2,” and a cause of action for “equitable relief.” Plaintiffs seek as relief an order placing the property in a constructive trust for plaintiffs' benefit and conveying the property back to plaintiffs.
https://www.uslegalforms.com/us/US-00030DR.htm
A constructive trust is a legal concept created by the courts against one who, by fraud, wrongdoing, or any other unconscionable conduct, either has obtained or holds legal right to property which he ought not to, in good conscience, keep and enjoy. A constructive trust is used to prevent unjust enrichment.
https://www.law.com/newyorklawjournal/almID/1574854997NY716482201/
Plaintiff commenced this action by filing a summons and verified complaint on September 25, 2019, seeking a constructive trust as to the interest of defendants Anwar, Mona, Ramzi and Shadi in ...
https://oag.dc.gov/sites/default/files/2020-01/Trump-PIC-Complaint.pdf
a New York corporation, ) 725 Fifth Ave. ) New York, NY 10022 , and ) ... COMPLAINT FOR EQUITABLE RELIEF, INCLUDING CONSTRUCTIVE TRUST, OVER IMPROPERLY SPENT FUNDS OF NONPROFIT CORPORATION . Plaintiff, the District of Columbia (the “District”), through its …
https://caselaw.findlaw.com/ny-surrogates-court/1426817.html
New York; NY Surr. Ct. BOLLA v. BOLLA; ... constructive trust imposed upon several parcels of realty and the proceeds from the sale of another parcel was transferred to this court by order of the Supreme Court, Bronx County. The applications to be decided, a motion by the defendant for an order dismissing the amended summons and complaint on ...
http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1125&context=shlr
The Propriety of a Lis Pendens in Constructive Trust Cases Florrie Young Roberts∗ ABSTRACT A constructive trust is a well-established remedy that allows a plaintiff to obtain title to real property from a defendant who has wrongfully or mistakenly obtained title. It is essential that a plaintiff
https://www.clarkhill.com/uploads/medium/resource/1503/Construction_Trust_Fund_3.23.16.pdf
• Construction trust fund statutes attach a trust to funds paid or to be paid to contractors,and subcontractors. • Some statues distinguish between PUBLIC and PRIVATE contracts and only apply to a specific classof project. • Other constructive trust fund statutes apply only to claims that would be the proper subject of a mechanic’s lien.
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