26 A.D.3d 355 808 N.Y.S.2d 552

John Jakacic, Respondent, v Mladen Jakacic, Appellant.

[808 NYS2d 552]

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.

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 [1994]; Nockelun v Sawicki, 197 AD2d 507 [1993]).

The defendant’s remaining contentions are without merit. Schmidt, J.P., Krausman, Luciano and Mastro, JJ., concur.

Jakacic v. Jakacic
26 A.D.3d 355 808 N.Y.S.2d 552

Case Details

Name
Jakacic v. Jakacic
Decision Date
Feb 14, 2006
Citations

26 A.D.3d 355

808 N.Y.S.2d 552

Jurisdiction
New York

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