Litigation Department Chair Joshua D. Sussman successfully opposed a motion for summary judgment in a Suffolk County Supreme Court on behalf of a client seeking the imposition of a constructive trust over valuable Southampton real estate. The plaintiff-husband alleged that, based on promises of future joint ownership from the defendant-wife, he invested substantial time, labor, and funds into improving the property and maintaining it over many years in consideration of the defendant’s promise.
The defendant sought dismissal of the complaint, arguing that no enforceable promise was made, that any expenditures were not made in reliance on such a promise, that improvements to the property were solely for the benefit of the plaintiff, and that no unjust enrichment occurred.
Upon consideration of Mr. Sussman’s submission, the Court denied the motion. It found that the record contained sharply conflicting evidence regarding the parties’ intentions, including the significance of the defendant’s written communication discussing adding plaintiff to the deed of the subject property after the sale of his home. The Court held that triable issues of fact existed concerning whether the plaintiff’s contributions were made in reliance upon an express or implied promise and whether a constructive trust may be warranted. As a result of the Firm’s efforts, the plaintiff’s claims survived summary judgment and will proceed to trial.
The decision reinforces New York courts’ willingness to preserve equitable claims where disputed facts exist regarding promises, reliance, and alleged unjust enrichment in real property ownership disputes.
Should you need the assistance of skilled and experienced counsel to assist you in litigation, you can contact Joshua Sussman at [email protected].
