Opinion
July 14, 1997
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly found that the defendant's title to the property at issue was subject to the right of the plaintiff Theresa Salerno to remain there for life. We find that the requisite elements to sustain a claim for the imposition of a constructive trust were present, i.e., "(1) a confidential or fiduciary relation, (2) a promise, (3) a transfer in reliance thereon and (4) unjust enrichment" (Sharp v. Kosmalski, 40 N.Y.2d 119, 121; see, Simonds v. Simonds, 45 N.Y.2d 233). Further, we find no reason to disturb the Supreme Court's imposition of certain conditions to the interest of the plaintiff Theresa Salerno. Therefore, we affirm.
The remaining arguments are without merit.
Bracken, J. P., Copertino, Santucci and McGinity, JJ., concur.