Topic: to obtain the remedy of a constructive trust, a party is ge… · Go Syfert
← All topics

Topic #42891

2 canonical passages across 2 cases, quoted by 7 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Sanxhaku v. Margetis.

#Case FlagCanonical passage Citers
1 Sanxhaku v. Margetis Anchor
nyappdiv · 2017
green “to obtain the remedy of a constructive trust, a party is generally required to establish four factors, or elements, by clear and convincing evidence: (1) a confidential or fiduciary relationship, (2) a promise, (3) a transfer in reliance thereon, and (4) unjust enrichment flowin…” 4
2 Monterosso v. Garguilo
nyappdiv · 2020
green “these factors, or elements, serve only as a guideline, and a constructive trust may still be imposed even if all four elements are not established, provided that those factors are substantially present” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check