Opinion
December 13, 1993
Appeal from the Supreme Court, Suffolk County (Baisley, J.).
Ordered that the order is affirmed, with costs.
There are questions of fact as to whether the plaintiff had an interest in the real property in question prior to the defendant's alleged promise to convey it to her sufficient for the imposition of a constructive trust, and thus the court did not err in denying the defendant's motion for summary judgment (see, Crown Realty Co. v Crown Hgts. Jewish Community Council, 175 A.D.2d 151; Gottlieb v Gottlieb, 166 A.D.2d 413; Washington v Defense, 149 A.D.2d 697; Lester v Zommer, 147 A.D.2d 340).
We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.