Opinion
2019-05209 2019-07559 Index No. 14358/14
07-01-2020
Virginia CREAMER, et al., Respondents, v. Renee Monique DACRUZ, etc., Appellant.
Muchmore & Associates PLLC, Brooklyn, N.Y. (Andrew Muchmore of counsel), for appellant. Salzman & Salzman, LLP, New York, N.Y. (Robert Salzman of counsel), for respondents.
Muchmore & Associates PLLC, Brooklyn, N.Y. (Andrew Muchmore of counsel), for appellant.
Salzman & Salzman, LLP, New York, N.Y. (Robert Salzman of counsel), for respondents.
MARK C. DILLON, J.P., JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER In an action to impose a constructive trust upon certain real property, the defendant appeals from (1) a decision of the Supreme Court, Kings County (Edgar G. Walker, J.), dated March 29, 2019, and (2) a judgment of the same court dated April 30, 2019. The judgment, insofar as appealed from, upon the decision, made after a nonjury trial, is in favor of the plaintiffs and against the defendant, declaring void ab initio a certain deed and imposing a constructive trust on the subject property.
ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718 ); and it is further,
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
In October 2014, the plaintiffs commenced this action against the defendant seeking to impose a constructive trust on certain real property located in Brooklyn. Following a nonjury trial, the Supreme Court found in favor of the plaintiffs and, inter alia, declared void ab initio a deed dated January 27, 2010, and imposed a constructive trust on the subject property. The defendant appeals.
"In reviewing a determination made after a nonjury trial, the power of this Court is as broad as that of the trial court, and we may render a judgment we find warranted by the facts, bearing in mind that in a close case, the trial court had the advantage of seeing and hearing the witnesses" ( Tyree v. Henn, 109 A.D.3d 906, 907, 971 N.Y.S.2d 319 ; see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809 ; Ning Xiang Liu v. Al Ming Chen, 133 A.D.3d 644, 644, 19 N.Y.S.3d 565 ). Here, the Supreme Court's determination to impose a constructive trust on the subject property was warranted by the facts.
"Generally, a constructive trust may be imposed when property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest" ( Sharp v. Kosmalski, 40 N.Y.2d 119, 121, 386 N.Y.S.2d 72, 351 N.E.2d 721 [internal quotation marks and brackets omitted]; see Ning Xiang Liu v. Al Ming Chen, 133 A.D.3d at 644, 19 N.Y.S.3d 565 ). "The elements of a constructive trust are (1) a fiduciary or confidential relationship; (2) an express or implied promise; (3) a transfer in reliance on the promise; and (4) unjust enrichment" ( Ning Xiang Liu v. Al Ming Chen, 133 A.D.3d at 644, 19 N.Y.S.3d 565 [internal quotation marks omitted]; see Sharp v. Kosmalski, 40 N.Y.2d at 121, 386 N.Y.S.2d 72, 351 N.E.2d 721 ). Here, the evidence adduced at trial established the necessary elements for the imposition of a constructive trust.
The defendant's remaining contentions are without merit.
DILLON, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.