Motion Practice in Constructive Trusts
Constructive Trusts
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If you have have additional questions, contact our office to learn about your legal options for protecting your rights in any matter where a constructive trust may apply. To get your free phone consultation or to make an appointment, call (631) 864-2600. Serving clients in Suffolk, Nassau, Queens, Manhattan, Bronx, Westchester. Rockland, Orange and other surrounding counties are accepted on a case by case basis.
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For a free phone case consultation or to schedule an office meeting, call 631-864-2600.
Constructive Trusts Overview
A constructive trust is an equitable remedy used to prevent someone in a trusted relationship from improperly benefitting themself or someone else, even if unintentional.
Proving Constructive Trusts
A constructive trust is a flexible remedy that normally involves (a) a confidential relationship, (b) a promise (c) a transfer based on that promise (d) unjust enrichment.
Defending Constructive Trusts
Defending constructive trust cases involves proving the elements of a constructive trust are not there or to prove other affirmative defenses which must be raised early on.
Motion Practice in Constructive Trusts
Motions are an integral part of constructive trust litigation. Common motions include pre-answer motions to dismiss, summary judgment and discovery motions.
Lis Pendens in Constructive Trusts
A lis pendens is especially important in a constructive trust case as the plaintiff often does not have title to the property. The lis pendens will prevent a defendant from selling their interest to defeat the lawsuit.
Appeals from Constructive Trusts
Appeals from constructive trust cases can occur while the case is ongoing or after the final judgment if the trial court makes an error in deciding something significant.
PRACTICE AREAS
Divorce and Matrimonial
Appeals
Constructive Trusts
Constructive Trusts Overview
Prosecuting Constructive Trusts
Defending Constructive Trusts
Motion Practice in Constructive Trusts
Lis Pendens in Constructive Trusts
Appeals from Constructive Trusts