Trust Litigation

Trusts and Estates is a complex area of the law that is constantly changing. While T. Kevin Murtha & Associates P.C. has completed many complex trusts and estate transactions, some cases have ended up in trial courts. We have successfully tried these cases. One case that was before the Appellate Division of the Supreme Court, involved two business partners. One partner claimed that the other’s personal investments should belong to the partnership, thereby creating a "constructive trust." Our firm successfully demonstrated that a trust had not been established and that the mere transfer of funds between business partners did not impose a fiduciary obligation upon our client. This case is listed as follows:


Supreme Court, Appellate Division, Second Department, New York.

June 14, 1993.
194 A.D.2d 656, 599 N.Y.S.2D 124

Background: Plaintiff, who allegedly provided money with which defendant purchased interest in apartment building upon agreement that defendant would convey interest to plaintiff on demand, did not establish requisite elements for imposing constructive trust on interest; plaintiff did not produce canceled checks allegedly used to acquire interest, no witness with personal knowledge of transaction testified that plaintiff paid purchase price.

Decision: Confidential relationship was not demonstrated by evidence of friendship between parties.

T. Kevin Murtha, for appellants.

ORDERED that the judgment is reversed, on the law and the facts, with costs, and the complaint is dismissed