Appellate Division of the Supreme Court of the State of New York January 10, 2000 (Sylvester v. Sbarra)

—In an action to impress a constructive trust on residential real property, the plaintiff appeals from an order of the Supreme Court, Orange County (Owen, J.), dated August 25, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.