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OSTREICHER v. OSTREICHER

238 A.D.2d 392 (1997)

657 N.Y.S.2d 357

Shia Ostreicher et al., Respondents, v. Ernest Ostreicher et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 14, 1997

Ordered that the appeal from the order dated May 14, 1996, is dismissed as academic; and it is further,

Ordered that the order dated March 6, 1996, is reversed, on the law, the motion is granted, and the complaint is dismissed; and it is further,

Ordered that the defendants are awarded one bill of costs.

The essential elements needed for the imposition of a constructive trust are (1) a confidential or fiduciary...

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