Gottlieb v. Gottlieb

In Gottlieb v. Gottlieb, 166 AD2d 413 [2d Dept 1990]) plaintiff commenced an action to declare the rights of the parties with respect to a shareholders' agreement and to impose constructive trusts upon the decedent's interest in his business and upon his home. Plaintiff alleged that (1) she and the decedent "jointly shopped for, negotiated for and purchased the land upon which the said home was constructed," (2) she and the decedent "jointly planned" and "supervised" the "physical layout and construction of the said home," (3) she "contributed financially to the improvement of, maintenance and upkeep of the said home," and (4) she invested her labor and money in reliance upon the decedent's promise that he would put the deed in both of their names. The Court held that the allegations regarding plaintiff's contribution of money and work toward the purchase of the land and the construction of the home were sufficient to satisfy the "transfer in reliance" element of the constructive trust claim.