Ordered that the order is reversed, on the law, with costs, and the defendant's motion to dismiss the complaint is denied.
The plaintiff commenced this action, inter alia, to impose a constructive trust, alleging that his niece, the defendant Joanne Macchia-Schiavo, entered into an agreement with his brother Anthony Russo (hereinafter Anthony) whereby Anthony would transfer his assets to Machia-Schiavo during his lifetime and in
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