Judgment affirmed insofar as appealed from, without costs.
The rule has long been settled that in order 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). This record does not establish the element of unjust...
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