Mei Yun Chen v. Mei Wan Kao, 97 A.D.3d 730 (N.Y. App. Div. 2012). · Go Syfert
Mei Yun Chen v. Mei Wan Kao, 97 A.D.3d 730 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 2 distinct courts.
Strongest positive: Lu v. Gamba (nyappdiv, 2025-12-18)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Lu v. Gamba
N.Y. App. Div. · 2025 · confidence medium
As much is evident in the well-established maxim that the "elements are simply guidelines, . . . and a constructive trust, as an equitable remedy, may be imposed whenever justice so demands" ( Johnson v Lih , 216 AD2d 821, 823 [3d Dept 1995]; see Kissane v Cashman , 217 AD3d 932, 934 [2d Dept 2023]; Baker v Harrison , 180 AD3d at 1211 ; Mei Yun Chen v Mei Wan Kao , 97 AD3d 730, 730 [2d Dept 2012]).
discussed Cited as authority (rule) Clarke v. Clarke
N.Y. App. Div. · 2025 · confidence medium
"A constructive trust is an equitable remedy, and 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" ( Rowe v Kingston , 94 AD3d 852, 853 [citation, alteration, and internal quotation marks omitted]; see Sharp v Kosmalski , 40 NY2d 119, 121). "[T]o obtain the remedy of a constructive trust, a plaintiff generally is required to demonstrate four factors: (1) a fiduciary or confidential relationship between the parties, (2) a promise, (3) a transfer of some asset in reliance upon the pr…
discussed Cited as authority (rule) Canzona v. Atanasio
N.Y. App. Div. · 2014 · confidence medium
“To achieve equity and avoid unjust enrichment, the courts apply these factors flexibly rather than rigidly” (Mei Yun Chen v Mei Wan Kao, 97 AD3d 730, 730 [2012]; see Simonds v Simonds, 45 NY2d at 241 ; Quadrozzi v Estate of Quadrozzi, 99 AD3d 688 [2012]; Rowe v Kingston, 94 AD3d 852 [2012]).
discussed Cited as authority (rule) Canzona v. Atanasio
N.Y. App. Div. · 2014 · confidence medium
“To achieve equity and avoid unjust enrichment, the courts apply these factors flexibly rather than rigidly” (Mei Yun Chen v Mei Wan Kao, 97 AD3d 730, 730 [2012]; see Simonds v Simonds, 45 NY2d at 241 ; Quadrozzi v Estate of Quadrozzi, 99 AD3d 688 [2012]; Rowe v Kingston, 94 AD3d 852 [2012]).
discussed Cited as authority (rule) Kalmon Dolgin Affiliates, Inc. v. Tonacchio
N.Y. App. Div. · 2013 · confidence medium
The Supreme Court also should have granted that branch of the moving defendants’ motion which was pursuant to CPLR 3211 (a) (7) to dismiss the fourth cause of action insofar as asserted against 267 and Noreast. “[T]o obtain the remedy of a constructive trust, a plaintiff generally is required to demonstrate four factors: (1) a fiduciary or confidential relationship between the parties, (2) a promise, (3) a transfer of some asset in reliance upon the promise, and (4) unjust enrichment flowing from the breach of the promise” (Mei Yun Chen v Mei Wan Kao, 97 AD3d 730, 730 [2012]).
discussed Cited as authority (rule) Kalmon Dolgin Affiliates, Inc. v. Tonacchio
N.Y. App. Div. · 2013 · confidence medium
The Supreme Court also should have granted that branch of the moving defendants’ motion which was pursuant to CPLR 3211 (a) (7) to dismiss the fourth cause of action insofar as asserted against 267 and Noreast. “[T]o obtain the remedy of a constructive trust, a plaintiff generally is required to demonstrate four factors: (1) a fiduciary or confidential relationship between the parties, (2) a promise, (3) a transfer of some asset in reliance upon the promise, and (4) unjust enrichment flowing from the breach of the promise” (Mei Yun Chen v Mei Wan Kao, 97 AD3d 730, 730 [2012]).
discussed Cited as authority (rule) Wolff v. Glick
N.Y. App. Div. · 2012 · confidence medium
“In order to obtain the remedy of a constructive trust, a plaintiff generally is required to demonstrate four factors: (1) a fiduciary or confidential relationship between the parties, (2) a promise, (3) a transfer of some asset in reliance upon the promise, and (4) unjust enrichment flowing from the breach of the promise” (Mei Yun Chen v Mei Wan Kao, 97 AD3d 730, 730 [2012]; see Sharp v Kosmalski, 40 NY2d 119, 121 [1976]).
discussed Cited as authority (rule) Wolff v. Glick
N.Y. App. Div. · 2012 · confidence medium
“In order to obtain the remedy of a constructive trust, a plaintiff generally is required to demonstrate four factors: (1) a fiduciary or confidential relationship between the parties, (2) a promise, (3) a transfer of some asset in reliance upon the promise, and (4) unjust enrichment flowing from the breach of the promise” (Mei Yun Chen v Mei Wan Kao, 97 AD3d 730, 730 [2012]; see Sharp v Kosmalski, 40 NY2d 119, 121 [1976]).
discussed Cited "see" Aubertine v. Aubertine
N.Y. App. Div. · 2025 · signal: see · confidence high
Although the parents never transferred title of the 108-acre parcel to plaintiff, "courts have extended the transfer element to include instances where funds, time and effort were contributed in reliance on a promise to share in some interest in property, even though no transfer [of that property] actually occurred" ( Moak v Raynor , 28 AD3d 900, 902 [3d Dept 2006]; see generally Mei Yun Chen v Mei Wan Kao , 97 AD3d 730 , 730 [2d Dept 2012]).
cited Cited "see, e.g." Berry v. Wallerstein
N.Y. App. Div. · 2023 · signal: see also · confidence low
Land Co., LLC , 74 AD3d 1038, 1039 ; see also Mei Yun Chen v Mei Wan Kao , 97 AD3d 730 ).
discussed Cited "see, e.g." Kain Development, LLC v. Krause Properties, LLC
N.Y. App. Div. · 2015 · signal: compare · confidence medium
Accordingly, plaintiff did not have any special relationship with either of the Krause defendants so as to warrant a constructive trust in relationship to any advances that plaintiff made to them (see Hydro Invs. v Trafalgar Power, 6 AD3d 882, 886 [2004]; compare Mei Yun Chen v Mei Wan Kao, 97 AD3d 730, 730 [2012]).
discussed Cited "see, e.g." Kain Development, LLC v. Krause Properties, LLC
N.Y. App. Div. · 2015 · signal: compare · confidence medium
Accordingly, plaintiff did not have any special relationship with either of the Krause defendants so as to warrant a constructive trust in relationship to any advances that plaintiff made to them (see Hydro Invs. v Trafalgar Power, 6 AD3d 882, 886 [2004]; compare Mei Yun Chen v Mei Wan Kao, 97 AD3d 730, 730 [2012]).
Retrieving the full opinion text from the archive…
Mei Yun Chen
v.
Mei Wan Kao
Appellate Division of the Supreme Court of the State of New York.
Jul 18, 2012.
97 A.D.3d 730
Cited by 251 opinions  |  Published

In order to obtain the remedy of a constructive trust, a plaintiff generally is required to demonstrate four factors: (1) a fiduciary or confidential relationship between the parties, (2) a promise, (3) a transfer of some asset in reliance upon the promise, and (4) unjust enrichment flowing from the breach of the promise (see McGrath v Hilding, 41 NY2d 625, 629 [1977]; Sharp v Kosmalski, 40 NY2d 119, 121 [1976]). To achieve equity and avoid unjust enrichment, the courts apply these factors flexibly rather than rigidly (see Simonds v Simonds, 45 NY2d 233, 241 [1978]; Moak v Raynor, 28 AD3d 900, 902 [2006]).

Contrary to the defendant’s contention, the evidence adduced at trial supported the Supreme Court’s finding that all of the elements for the imposition of a constructive trust had been satisfied, since there was proof that a relationship of trust and dependence existed between the plaintiff and the defendant due to their close friendship lasting over 20 years and prior financial dealings, that the defendant promised to hold the plaintiff’s one-half interest in the subject property, that the plaintiff transferred money to the defendant in reliance on that promise, and that the defendant thereafter denied the plaintiffs one-half ownership of the property and sought to have her evicted from the subject apartment. In view of this evidence, there is no basis upon which to disturb the Supreme Court’s judgment (see Watson v Pascal, 65 AD3d 1333 [2009]; Squiciarino v Squiciarino, 35 AD3d 844 [2006]; Byrd v Brown, 208 AD2d 582 [1994]). Angiolillo, J.P., Belen, Chambers and Austin, JJ., concur.