Ordered that the order is modified, on the law, by deleting the provision which dismissed so much of the fifth cause of action as sought the imposition of a constructive trust, and substituting therefor a provision denying in its entirety that branch of the defendants' motion which sought dismissal of so much of the fifth cause of action as sought the imposition of a constructive trust. As so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff...
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