The statute of limitations for a cause of action seeking to impose a constructive trust is six years. The limitations period starts upon the occurrence of the wrongful act giving rise to a duty of restitution. If the constructive trustee acquires the property wrongfully, the statute begins to run on the date of acquisition. If the constructive trustee wrongfully withholds property acquired lawfully from the beneficiary, the statute begins to run on the date the trustee breaches or repudiates the agreement to transfer the property.
Athanasatos v. Scarpa, NY Slip Op 04670 (2d Dep't June 12, 2019)
Here is the decision.
