ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, the action against the remaining defendants is severed, and the notice of pendency is vacated.
The appellant established his prima facie entitlement to judgment as a matter of law by presenting proof, inter alia, that there was no confidential and/or fiduciary relationship between him and the plaintiff. A confidential and/or fiduciary relationship is one of the four elements required to impose a constructive trust (see, Levy v. Moran, 270 A.D.2d 314). Since the plaintiff failed to raise a triable issue of fact as to the existence of such a relationship, the appellant's motion to dismiss the complaint and vacate the notice of pendency on the subject property should have been granted (cf., Crown Realty Co. v. Crown Heights Jewish Community Council, 175 A.D.2d 151, see generally, Alvarez v. Prospect Hosp., 68 N.Y.2d 320).
In light of this determination, we need not reach the appellant's remaining contentions.
O'BRIEN, J.P., FLORIO, FEUERSTEIN and SMITH, JJ., concur.