Proof Requirements for Constructive Trust.
In this case the Second Department included a clear discussion of the elements of proof necessary to create a constructive trust: “(1) a confidential or fiduciary relationship, (2) a promise, (3) a transfer in reliance thereon, and (4) unjust enrichment…”. Henning vs Henning, 2011-09955, Index No. 11901/11 Second Dept. 2-20-13