Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
While the plaintiff and the third-party defendant, David Fischer, take issue with the trial court's conclusion that a constructive trust should be imposed upon the subject property, all of the requisite elements for imposing a constructive trust (see, Sharp v Kosmalski, 40 N.Y.2d 119, 121; Reiner v Reiner, 100 A.D.2d 872, 874) were established and imposition of a constructive trust was warranted.
Furthermore, on the record before us, we conclude that the court's findings are supported by credible evidence and that the judgment is not against the weight of the evidence (see, Matter of Fasano v State of New York, 113 A.D.2d 885, 887-888; see also, Marren v State of New York, 142 A.D.2d 717, 718-719).
The remaining contentions of the parties are either without merit or not properly before this Court. Miller, J.P., O'Brien, Ritter and Goldstein, JJ., concur.