Scivoletti v. Marsala

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The record does not contain evidence to support a finding of any promise, express or implied, to convey the premises to plaintiff and, consequently, a constructive trust may not be imposed. (See Sharp v Kosmalski, 40 NY2d 119.) Further, in the circumstances of this case, there being no *809implied promise to convey, reimburse or to grant a lesser interest in the property, plaintiff’s mere expectation, however sincere, is insufficient to establish an equitable lien. (See 51 Am Jur 2d, Liens, § 24.)…