AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

MATTHEW PICCONE, Appellant, v. CHRISTINE CHAMBERLAIN, Respondent.

Ordered that the order is affirmed, with costs.

"The essential elements needed for the imposition of a constructive trust are (1) a confidential or fiduciary relationship, (2) a promise, (3) a transfer in reliance thereon, and (4) unjust enrichment ( see, Simonds v. Simonds, 45 N.Y.2d 233; Sharp v. Kosmalski, 40 N.Y.2d 119; Weiss v. Weiss, 186 A.D.2d 247)" ( Ostreicher v. Ostreicher, 238 A.D.2d 392, 393). In this case, the defendant made out a prima facie case for summary judgment. In opposition, the plaintiffs bare, conclusory, and unsubstantiated allegations were insufficient to raise an issue of fact as to the elements required for the imposition of a constructive trust ( see, Gadman v. Catalfo, 251 A.D.2d 370; Ostreicher v. Ostreicher, supra).

Use AI to get other relevant cases.

Comments

PICCONE v. CHAMBERLAIN
(Apr 24, 2000)