Catalano v Catalano

Holding The Appellate Division affirmed the lower court’s imposition of a constructive trust on real property, finding that the plaintiff established the requisite elements by clear and convincing evidence. The court determined that the defendants’ refusal to reconvey title after an oral promise constituted unjust enrichment, and that the trust was not barred by the statute of frauds.

The court’s words

the plaintiff established the requisite elements of a constructive trust by clear and convincing evidence

2026 NY Slip Op 06410, at the official text

the imposition of a constructive trust on title to real property based upon an oral promise to reconvey was not improper pursuant to the statute of frauds or the parol evidence rule

2026 NY Slip Op 06410, at the official text