Opinion
2004-08952.
February 14, 2006.
In an action, inter alia, to impose a constructive trust on certain real property, the defendant appeals from a judgment of the Supreme Court, Queens County (Beldock, J.H.O.), dated April 19, 2004, which, after a nonjury trial, inter alia, directed him to execute a deed transferring title of the property to the plaintiff.
Abraham Hecht, Forest Hills, N.Y. (Warren S. Hecht of counsel), for appellant.
Martin S. Fishman, Suffern, N.Y., for respondent.
Before: Schmidt, J.P., Krausman, Luciano and Mastro, JJ., concur.
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly imposed a constructive trust on the subject property, since the plaintiff established the elements for the imposition of a constructive trust, that is, the existence of a confidential or fiduciary relationship, a promise, a transfer in reliance thereon, and unjust enrichment ( see Byrd v. Brown, 208 AD2d 582; Nockelun v. Sawicki, 197 AD2d 507).
The defendant's remaining contentions are without merit.