A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to a person obtaining or holding legal right to property which they should not possess.  The purpose of the constructive trust is to prevent unjust enrichment, where one party holds an interest in property and continued retention is inequitable to the other party. Simonds v. Simonds, 45 N.Y.2d 233, 242 (1978). “[T]o establish a constructive trust there must be provided: (1) a confidential or fiduciary relation, (2) a promise, express or implied, (3) a transfer made in reliance on that promise, and (4) unjust enrichment.” Bankers Sec. Life Ins. Socy. v Shakerdge, 49 N.Y.2d 939, 940 (1980).

If you have been harmed and need to establish a constructive trust, contact us online or call Scott Lanin, Esq. at (212) 764-7250 Ext.201. We offer a free phone consult to review and evaluate your case or you can schedule an office consult.