Ordered that the order is affirmed, without costs or disbursements.
In the third cause of action, the plaintiff seeks to impose a constructive trust upon real property which was acquired in 1981 by her husband, now deceased, and which he transferred in 2000 to the defendants Gary Rose and Doreen Rose. The elements needed for the imposition of a constructive trust are (1) a confidential or fiduciary relation, (2) a promise, express or implied, (3) a transfer in reliance...
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