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IN THE MATTER OF AZZINARO

13 A.D.3d 618 (2004)

786 N.Y.S.2d 343

In the Matter of WARREN AZZINARO. BARBARA HELKOWSKI, Appellant; VINCENT J. MESSINA, Respondent.

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

December 27, 2004.

Ordered that the order is affirmed, with costs.

The Supreme Court properly imposed a constructive trust as to the assets in question. Generally, before granting the equitable remedy of a constructive trust, four elements must be established: (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...

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