Order reversed, on the law, with $10 costs and disbursements, and motion granted.
The rule has long been settled that to establish a constructive trust there must be a confidential relationship wherein one party relies, to his detriment, upon a promise of another, which promise is subsequently breached, resulting in unjust enrichment to the latter (Foreman v. Foreman, 251 N.Y. 237; Sinclair v. Purdy, 235 N.Y. 245; Fischer v. Wirth,
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