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MATTER OF URDANG

304 A.D.2d 586 (2003)

758 N.Y.S.2d 125

In the Matter of the Estate of SONIA URDANG, Deceased. LYNNE ATLAS-WITTKIN et al., Appellants; ROBERT L. KAUFMAN et al., Respondents.

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

Decided April 7, 2003.

Ordered that the decree is affirmed, with costs payable by the petitioners personally.

In order to impose a constructive trust, four elements must be present: (1) a confidential or fiduciary relationship, (2) a promise, express or implied, (3) a transfer in reliance thereon, and (4) unjust enrichment (see Sharp v Kosmalski, 40 N.Y.2d 119, 121 [1976]; Matter of Wieczorek, 186 A.D.2d 204<...

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