Order unanimously reversed, without costs, and motion denied.
Memorandum:
Special Term improperly granted defendants' motion pursuant to CPLR 3211 (subd [a], pars 5, 7) to dismiss plaintiff's complaint in an action to impress a constructive trust for his undivided one-half interest in a residential property which he had transferred to the defendant Moss, plaintiff's former wife, and which is now held in the name of her sister, the defendant Zipf. The complaint...
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