PICCONE v. CHAMBERLAIN

Ordered that the order is affirmed, with costs.

"The essential elements needed for the imposition of a constructive trust are (1) a confidential or fiduciary relationship, (2) a promise, (3) a transfer in reliance thereon, and (4) unjust enrichment ( see, Simonds v. Simonds, 45 N.Y.2d 233; Sharp v. Kosmalski, 40 N.Y.2d 119; Weiss v. Weiss, 186 A.D.2d 247)" ( Ostreicher v. Ostreicher, 238 A.D.2d 392, 393). In this case, the defendant made out a prima facie case for summary judgment. In opposition, the plaintiffs bare, conclusory, and unsubstantiated allegations were insufficient to raise an issue of fact as to the elements required for the imposition of a constructive trust ( see, Gadman v. Catalfo, 251 A.D.2d 370; Ostreicher v. Ostreicher, supra).