In a pair of decisions on July 16, 2025 (here and here), the Second Department upheld the dismissal of Tuttle Yick clients 1428 Fulton St. LLC and Fulton Street Holdings LLC, two defendants sued in a sprawling fraud and constructive trust claim arising out of the Plaintiffs’ investment dealings with other defendants.

In two decisions in related appeals, the Second Department affirmed the trial court’s dismissal in its entirety, finding that the Plaintiffs’ claims were both untimely and could not satisfy the elements of a constructive trust.

Gregory Tuttle from Tuttle Yick was lead counsel and argued the appeal for the Fulton Defendants. Alex Banzhaf and Alexa DePierro rounded out the litigation team.