Ordered that the order dated September 8, 2006 is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was for summary judgment on his counterclaim to impose a constructive trust, to the extent of a 50% ownership interest, on real property located at 513 DeKalb Avenue, and substituting therefor a provision granting that branch of the motion; as so modified, the order dated September 8, 2006 is affirmed, without costs...
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