Opinion
December 27, 2000.
Appeals from Judgment of Supreme Court, Oneida County, Murad, J. — Matrimonial.
PRESENT: PINE, J.P., HAYES, WISNER AND LAWTON, JJ.
Judgment unanimously affirmed with costs.
Memorandum:
We affirm for reasons stated in the decision at Supreme Court (Murad, J.). We add that we defer to the credibility determinations of the trial court, which was in the best position to resolve issues of credibility ( see, Executive Park West I v. Jung, 224 A.D.2d 990, 990-991, lv denied 88 N.Y.2d 803; see also, Peters v. Nicotera, 248 A.D.2d 969, 970; Allen v. Kowalewski, 239 A.D.2d 879, 880-881, lv denied 90 N.Y.2d 806). Finally, we note that "the Statute of Frauds is not a defense to an action seeking the imposition of a constructive trust" ( Delango v. Delango, 203 A.D.2d 319).