Trust Dies But Mistrust Blossoms
In this case, the plaintiff sued our clients, arguing that their purchase of her adult children’s house at a Sheriff’s sale to partially satisfy a money judgment was defective because she was the ‘equitable’ owner of the house by virtue of a “constructive trust”. The trial Judge denied our motion to dismiss, holding that plaintiff could indeed recover the house if she proved the allegations in the complaint. A unanimous Appellate Division disagreed with the Judge (and agreed with us), tossing out the complaint, thereby giving our clients clear title to the house. To read the decision, click on the link below:
