Scivoletti v. Marsala

Decided February 16, 1984

New York Court of Appeals · decided 1984-02-16

Key passage — most relied on by later courts

“[P]laintiff's mere expectation [of payment], however sincere, is insufficient to establish an equitable lien.”

quoted by 1 later decision, including Security Pacific Mortgage & Real Estate Services, Inc. v. Republic of the Philippines

Good law ✅— No negative treatment on recordhow we know

Decided 1984-02-16

How this case has been cited

Cited by 16 later decisions — most recently March 2011

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed, with costs.

¶4The record does not contain evidence to support a finding of any promise, express or implied, to convey the premises to plaintiff and, consequently, a constructive trust may not be imposed. (See Sharp v Kosmalski, 40 NY2d 119.) Further, in the circumstances of this case, there being no *809implied promise to convey, reimburse or to grant a lesser interest in the property, plaintiff’s mere expectation, however sincere, is insufficient to establish an equitable lien. (See 51 Am Jur 2d, Liens, § 24.) Since no debt, duty or obligation of the decedent to the plaintiff has been demonstrated, an equitable lien cannot be imposed.

¶5Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

¶6On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.