Judge Noach Dear
Jimenez sued defendants for their failure to return her property. Her mother was killed in the 9/11 World Trade Center terror attacks and the federal victims’ compensation fund awarded Jimenez compensation to provide for her needs. A grandmother was unable to care for Jimenez and her sister and the grandmother’s neighbors, defendants, invited Jimenez to live with them. The court noted such invitation was not a benevolent one, finding they took advantage of Jimenez, including convincing her to invest $800,000 in a business in the Dominican Republic that was not in her name. It found Jimenez was not destitute, and she was on public assistance, stating this was an action to impose a constructive trust. The court noted a confidential relationship, required as an element of a constructive trust, arose where parties had a relationship commanding a high level of trust, including with family members. The court concluded that the facts adduced at the instant trial supported the imposition of a constructive trust for $12,925, finding evidence established defendants “bilked plaintiff for hundreds of thousands of dollars.” It opined Jimenez suffered once from the 9/11 tragedy, and should not be made a victim again.
