Marty v. Marty

In our opinion, plaintiff failed to establish: (a) the existence of a confidential relation between the parties when the alleged oral agreement was made; (b) the making of the alleged agreement; and (e) unjust enrichment of defendant at plaintiff’s expense. Hence, on the basis of such proof, the court could not impress a constructive trust upon the subject premises. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Brennan, JJ., concur.