Matter of Elmezzi

Holding The Appellate Division affirmed the dismissal of the petitioners’ claim for a constructive trust, finding that they failed to establish the elements of promise, reliance, and unjust enrichment by clear and convincing evidence. The court deferred to the Surrogate’s Court’s credibility determinations made during the nonjury trial.

The court’s words

the petitioners failed to establish by clear and convincing evidence a promise, reliance, and unjust enrichment

2026 NY Slip Op 05788, at the official text

the constructive trust doctrine serves as a fraud-rectifying remedy rather than an intent-enforcing one

2026 NY Slip Op 05788, at the official text

there is no basis to disturb the court's determination that the petitioners failed to prove the elements

2026 NY Slip Op 05788, at the official text